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  • Fansler v. N. Am. Title Ins. Co.

    Publication Date: 2019-04-03
    Practice Area: Real Estate
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68511

    Limitations period could be tolled where plaintiffs alleged they relied upon defendants' representations to believe their property had an access easement and that their title insurance policy would protect them from defects in title, and thus any purported defects in the deed or policy documents would not be readily apparent to plaintiffs.

  • In re 11 W. Partners, LLC

    Publication Date: 2019-04-03
    Practice Area: Corporate Entities
    Industry: Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: C. Barr Flinn, Emily V. Burton, and Daniel Kirshenbaum, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Michael J. Bowe, Alexander B. Simkin, and John A. Dunn, Kasowitz Benson Torres LLP, New York, NY for plaintiff.
    for defendant: Ryan P. Newell, Kyle Evans Gay, and Shaun Michael Kelly, Connolly Gallagher LLP, Wilmington, DE; Stan Chelney and Philipp Smaylovsky, Chelney Law Group PLLC, New York, NY for defendants.
    Case Number: D68512

    Reformation of LLCs agreements denied where there was no clear and convincing evidence the language of the agreements failed to reflect the members' true intent or that the non-moving party knew the agreements failed to reflect the parties' intent and failed to inform his fellow members.

  • Personal Touch Holding Corp. v. Glaubach

    Publication Date: 2019-03-13
    Practice Area: Corporate Governance | Real Estate
    Industry: Health Care | Real Estate
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Blake Rohrbacher, Brian F. Morris and John M. O'Toole, Richards, Layton & Finger, P.A., Wilmington, DE; Jonathan C. Sulli-van and John A. DeMaro of Ruskin Moscou Faltischek, P.C., Uniondale, NY for plaintiff.
    for defendant: Theodore A. Kittila and James G. McMillian, III, Halloran Farkas Kittila LLP, Wilmington, DE for defendant.
    Case Number: D68490

    A corporate officer breached his fiduciary duty by usurping a corporate opportunity to purchase property, so the court awarded damages to the company.

  • Agostini v. Blenheim at Augustine Creek, LLC

    Publication Date: 2019-01-23
    Practice Area: Contractual Disputes | Expert Witnesses | Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Dean R. Roland, Cooch and Taylor P.A., Wilmington, DE for plaintiff.
    for defendant: Jeffrey M. Weiner, Wilmington, DE for defendant.
    Case Number: D68430

    Jury waiver was enforceable where the heart of plaintiffs' claims went to their request to be made whole under the operative contract and the waiver language was sufficiently conspicuous to place readers on notice they were waiving the right to jury trial.

  • Taplin v. Schuitemaker

    Publication Date: 2019-01-23
    Practice Area: Contracts
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Gary E. Junge, Schmittinger & Rodriguez, Dover, DE for appellant.
    for defendant: Paul G. Enterline, Georgetown, DE for appellee.
    Case Number: D68432

    Trial court erroneously denied motion to amend pleadings to add quasi-contractual claims where defendant's acquiescence to introduction of evidence in support of those claims and argument on those claims in defendant's own pleadings demonstrated implied consent to trying the claims and a lack of surprise by amendment.

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • Patel v. Sunvest Realty Corp.

    Publication Date: 2018-10-31
    Practice Area: Business Torts | Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Julia B. Klein, Klein, LLC, Wilmington, DE, attorney for plaintiffs
    for defendant: Eric J. Monzo and Brenna A. Dolphin, Morris James, LLP, Wilmington, DE; Raymond W. Cobb, O'Hagan Meyer, LLC, Wilmington, DE, attorneys for defendants.
    Case Number: D68336

    Vicarious liability claims against real estate brokerage for individual broker's fraud could be maintained where the broker worked from the brokerage's office and used that position and the brokerage's name and reputation to perpetuate the alleged fraud.

  • Talley-Siders v. Mayhorn

    Publication Date: 2018-10-31
    Practice Area: Deals and Transactions | Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Donald L. Gouge, Jr. for plaintiffs.
    for defendant: N/A
    Case Number: D68340

    The trial court's decision in favor of sellers was supported by substantial evidence, and buyer failed to establish the elements of fraud.

  • Bank of New York Mellon v. Shrewsbury

    Publication Date: 2018-10-24
    Practice Area: Banking and Finance Laws | Creditors' and Debtors' Rights | Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Melanie J. Thompson, Orlans PC, Wilmington, DE, attorney for plaintiff
    for defendant: Cynthia L. Carroll, Cynthia L. Carroll, P.A., Newark, DE, attorney for defendant.
    Case Number: D68326

    Mortgagor's motion for summary judgment denied where debtor raised genuine issues of material fact as to the authenticity of the note in mortgagor's possession, without which mortgagor would lack standing to enforce.

  • Village Green Holding, LLC v. Holtzman

    Publication Date: 2018-10-17
    Practice Area: Corporate Entities | Deals and Transactions
    Industry: Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: Richard P. Rollo, Anthony M. Calvano, Courtney A. Carvill, Alan S. Loewinsohn and Kerry Schonwald, attorneys for plaintiffs
    for defendant: Brian E. Farnan , Michael J. Farnan and Marc L. Newman, attorneys for defendants.
    Case Number: D68319

    Plaintiffs were entitled to preliminary injunction precluding defendants from further litigating action in another jurisdiction where parties had valid forum selection clauses conferring exclusive jurisdiction on Delaware.

  • In re: Se. Grocers, LLC

    Publication Date: 2018-09-19
    Practice Area: Bankruptcy
    Industry: Real Estate
    Court: U.S. Bankruptcy Court
    Judge: Judge Walrath
    Attorneys: For plaintiff: Brett Hayward, Daniel J. DeFranceschi, Paul N. Heath, and Amanda R. Steele, Richards, Layton & Finger, P.A., Wilmington, DE; Ray C. Schrock, Matthew S. Barr, John P. Mastando III, and Sunny Singh, Weil, Gotshal & Manges, LLP, New York, NY; Matthre R. Chait and Sean M. Smith, Shutts & Bowen LLP, West Palm Beach, FL, attorneys for debtors
    for defendant: Frank E. Noyes, II, Wilmington, DE; Joyce A. Kuhns, Offit Kurman, P.A., Baltimore, MD, attorneys for objector.
    Case Number: D68288

    Gross sales for calculation of percentage rent included gross revenues generated by ancillary services offered through the store where such services fell within the broad definition of good and services included under gross sales.