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  • BCIM Strategic Value Master Fund LP v. HFF, Inc.

    Publication Date: 2022-02-15
    Practice Area: Deals and Transactions
    Industry: Financial Services and Banking | Investments and Investment Advisory | Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: David J. Margules, Elizabeth A. Sloan, Jessica C. Watt, Ballard Spahr LLP, Wilmington, DE; Stephen Brauerman, Emily A. Letcher, Bayard PA, Wilmington, DE; William B. Igoe, Philadelphia, PA for petitioner.
    for defendant: William M. Lafferty, Ryan D. Stottmann, Sarah P. Kaboly, Morris, Nichols, Arsht & Tunnell LLP, Wilmington DE; Marc J. Sonnenfeld, Laura H. McNally, Morgan, Lewis & Bockius LLP, Philadelphia, PA for respondent.
    Case Number: D69710

    The court, in the appraisal action, determined the fair value of the respondent and gave heavy weight to the deal price.

  • Dlayal Holdings, Inc. v. Al-Bawardi

    Publication Date: 2022-01-11
    Practice Area: Civil Procedure
    Industry: Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Will
    Attorneys: For plaintiff: Lisa Zwally Brown, Corinne R. Moini, Greenberg Traurig, LLP, Wilmington, DE for plaintiff.
    for defendant: Daniel K. Astin, Ciardi Ciardi & Astin, Wilmington, DE; Albert A. Ciardi, Walter W. Gouldsbury, Ciardi Ciardi & Astin, Philadelphia, PA; Marc Litt, Evan Weintraub, Wachtel Missry LLP; New York, NY for third-party plaintiff. Sidney S. Liebesman, Katelyn M. Crawford, Fox Rothschild LLP, Wilmington, DE; Justin P. Phelps, Gibson Watson Marino LLC, Wichita, KS for defendants.
    Case Number: D69670

    The court held that service of process on three Kansas residents under 6 Del. C. § 18-109(a) was not effective service because the three defendants were not managers of the subject entity.

  • In re: MTE Holdings, LLC

    Publication Date: 2022-01-11
    Practice Area: Energy and Natural Resources
    Industry: Energy | Real Estate
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69676

    Under Texas law, a contracted oil and gas operator held the status of a co-tenant with the other holders of working interests, which merely obligated the operator to pay the other tenants the value of any production on those tenants' interests minus cost of production.

  • Mullin v. Ascetta

    Publication Date: 2021-12-14
    Practice Area: Real Estate
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE for plaintiffs.
    for defendant: Steven Schwartz, Schwartz & Schwartz, P.A., Wilmington, DE for defendants.
    Case Number: D69644

    Court awarded court costs and partial legal fees to homebuyers who partially prevailed in suit alleging sellers failed to disclose defects in residential property.

  • In re: Park Place Dev. Primary, LLC

    Publication Date: 2021-11-16
    Practice Area: Bankruptcy
    Industry: Construction | Real Estate
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Marcy J. Mclaughlin Smith, Troutman Pepper Hamilton Sanders LLP, Wilmington, DE; Gary W. Marsh, Troutman Pepper Hamilton Sanders LLP, Atlanta, GA; Brett D. Goodman, Troutman Pepper Hamilton Sanders LLP, New York, NY for debtor.
    for defendant: Daniel A. O’Brien, Venable LLP, Wilmington, DE; Jeffrey S. Sabin, James E. Frankel, Gary L. Rubin, and Carol A. Weiner, Venable LLP, New York, NY for creditors.
    Case Number: D69612

    Involuntary bankruptcy petition dismissed as having been filed in bad faith, where petitioning creditors represented contractors holding mechanic's liens and the totality of the circumstances indicated that petitioners sought to avoid extinguishment of their claims in a related foreclosure action and instead litigate in the more favorable forum of the bankruptcy court.

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  • Chertok v. Zillow, Inc.

    Publication Date: 2021-11-02
    Practice Area: Mergers and Acquisitions
    Industry: E-Commerce | Investments and Investment Advisory | Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Will
    Attorneys: For plaintiff: Michael J. Maimone, Barnes & Thornburg LLP, Wilmington, DE for plaintiffs.
    for defendant: Geoffrey G. Grivner, Kody M. Sparks, Buchanan Ingersoll & Rooney PC, Wilmington, DE for defendant.
    Case Number: D69590

    Complaint seeking contractual remedies from a merger, filed six years after the closing of the merger transaction, was patently untimely under the applicable statute of limitations.

  • Fansler v. N. Am. Title Ins. Co.

    Publication Date: 2021-10-27
    Practice Area: Insurance Law
    Industry: Insurance | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69583

    The court held that because the title insurance policy did not cover consequential damages, plaintiffs would not be able to present evidence on lost wages, carrying costs, lost opportunity costs or lost earnings allegedly incurred because of survey mis-takes.

  • Ocean Bay Mart, Inc. v. The City of Rehoboth Beach

    Publication Date: 2021-10-27
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Richard A. Forsten, Pamela J. Scott, Elizabeth S. Fenton, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for plaintiff.
    for defendant: Max B. Walton, Lisa R. Hatfield, Connolly Gallagher LLP, Newark, DE for defendant.
    Case Number: D69584

    Plaintiff did not reasonably rely on previous city ordinances such that his rights did not become vested.

  • In re BGC Partners, Inc. Derivative Litig.

    Publication Date: 2021-10-06
    Practice Area: Corporate Governance
    Industry: Financial Services and Banking | Investments and Investment Advisory | Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Will
    Attorneys: For plaintiff: Christine M Mackintosh, Kimberly A. Evans, Michael D. Bell, Vivek Upadhya, Grant & Eisenhofer P.A., Wilmington, DE; Jeroen van Kwawegen, Christopher J. Orrico, Andrew E. Blumberg, Bernstein Litowitz Berger & Grossmann LLP, New York, NY for plaintiffs.
    for defendant: Raymond J. DiCamillo, Kevin M. Gallagher, Richards, Layton & Finger, P.A., Wilmington, DE; Joseph De Simone, Michelle J. Annunziata, Michael Rayfield, Mayer Brown LLP, New York, NY; Matthew E. Fenn, Mayer Brown LLP, Chicago, IL; C. Barr Flinn, Paul Loughman, Alberto E. Chávez, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Eric Leon, Nathan Taylor, Latham & Watkins LLP, New York, NY for defendants.
    Case Number: D69563

    Genuine issues of material fact precluded summary judgment on the issue of demand futility, but the court dismissed claims against two director defendants in this derivative action.

  • GMF ELCM Fund L.P. v. ELCM HCRE GP LLC

    Publication Date: 2021-10-06
    Practice Area: Contractual Disputes
    Industry: Health Care | Investments and Investment Advisory | Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Daniel E. Ross, Bradley R. Aronstam, Ross Aronstam & Moritz, Wilmington, DE; Joshua S. Amsel, Matthew R. Friedenberg, Weil, Gotshal & Manges LLP, New York, NY for plaintiffs.
    for defendant: Joseph H. Huston, Jr., Stevens & Lee P.C., Wilmington, DE; Robert K. Keach, Bernstein, Shur, Sawyer & Nelson, Portland, ME for receiver. Ryan P. Newell, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for nominal defendants.
    Case Number: D69561

    Claimant was entitled to indemnification of his litigation expenses, and the court granted his motion to intervene because he had a valid property interest which was not adequately protected by existing parties.