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  • In re: Center City Healthcare, LLC

    Publication Date: 2024-01-22
    Practice Area: Real Estate
    Industry: Investments and Investment Advisory | Real Estate
    Court: U.S. Bankruptcy Court
    Judge: Judge Walrath
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-11466 (MFW)

    Court declined to dismiss plaintiffs' claims where the parties unambiguously had an agreement creating an easement although certain terms in the agreements were susceptible to multiple interpretations, requiring further proceedings.

  • Salt Meadows Homeowners Ass'n, Inc. v. Zonko Builders, Inc.

    Publication Date: 2024-01-15
    Practice Area: Damages
    Industry: Construction | Hospitality and Lodging | Real Estate
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Matthew J. Rifino, Kate R. Buck, Shannon D. Humiston, McCarter & English, LLP, Wilmington, DE for appellants.
    for defendant: Colin M. Shalk, Kenneth M. Doss, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for appellee.
    Case Number: 94, 2023

    Trial court properly granted remittitur where jury verdict including inflated repair costs was based on testimony from witnesses unqualified to testify about inflation and increased expenses.

  • Tatum v. Fairstead Affordable LLC

    Publication Date: 2024-01-01
    Practice Area: Corporate Entities
    Industry: Investments and Investment Advisory | Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Thomas A. Uebler, Adam J. Waskie, Sarah P. Kaboly, McCollom D’Emilio Smith Uebler LLC, Wilmington, DE; Rudolf Koch, Richards, Layton & Finger, Wilmington, DE for plaintiffs.
    for defendant: Ryan D. Stottman, Thomas P. Will, Alec Hoeschel, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Michael B. Carlinsky, Rollo C. Baker, Jonathan E. Feder, Alison Y. Lo, Cohl K. Love, Stephanie Keleman, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY for defendants.
    Case Number: 2022-0970-JTL

    Court declined to dismiss breach of contract claim where the statute of frauds did not conclusively apply and where there were factual disputes over whether the work under the alleged contract fell within the scope of plaintiff's employment.

  • FTE Networks, Inc. v. Szkaradek

    Publication Date: 2023-12-25
    Practice Area: Corporate Entities
    Industry: Investments and Investment Advisory | Real Estate | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Bryson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-785-WCB

    Internal affairs doctrine did not prohibit federal court from exercising inherent powers to appoint receiver for foreign corporation under that corporation's home state's laws.

  • In re: Apex Brittany MO, LP

    Publication Date: 2023-12-11
    Practice Area: Bankruptcy
    Industry: Hospitality and Lodging | Real Estate
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-11463 (CTG)

    Court granted motion to dismiss debtor's bankruptcy petition where a receivership order entered by another district court stripped debtor of the authority to file a petition, since debtor could not launch a collateral attack on the merits of the district court's order or its jurisdiction.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Cent. States, Se. & Sw. Areas Pension Fund v. Laguna Dairy

    Publication Date: 2023-12-04
    Practice Area: Labor Law
    Industry: Agriculture | Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Hughes
    Attorneys: For plaintiff: William D. Sullivan, Sullivan Hazeltine Allison LLC, Wilmington, DE; Andrew J. Henrik, Sullivan Hazeltine Allison LLC, Rosemont, IL for plaintiffs.
    for defendant: Rudolf Koch, Jason J. Rawnsley, Richards, Layton & Finger, P.A., Wilmington, DE; James L. Bromley, Andrew J. Finn, Zachary R. Ingber, Sullivan & Cromwell LLP, New York, NY for defendants.
    Case Number: 22-1135-TMH

    Multiemployer pension plan lacked statutory cause of action under the Multi-employer Pension Plan Amendments Act to enforce private settlement over withdrawal liability where settlement did not qualify as revised assessment.

  • Middlecap Assoc., LLC, v. The Town of Middletown

    Publication Date: 2023-10-30
    Practice Area: Land Use and Planning
    Industry: Construction | Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: John W. Paradee, Brian V. DeMott, Baird Mandalas Brockstedt & Federico, LLC, Dover, DE for plaintiff.
    for defendant: Scott G. Wilcox, Giordano, DelCollo, Werb & Gagne, LLC, Wilmington, DE for defendants.
    Case Number: N23C-03-181 CEB

    The court found that the complaint for certiorari regarding the denial of a conditional use permit was not untimely filed, the claim was not barred by plaintiff's failure to exhaust its administrative remedies, and the mayor and members of the town council were immune from suit in their individual capacity.

  • In re: AP Orangevale, LLC

    Publication Date: 2023-08-21
    Practice Area: Bankruptcy
    Industry: Real Estate
    Court: Delaware Supreme Court
    Judge: Justice Goldblatt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-10687 (CTG)

    The bankruptcy court found sufficient cause to lift the stay to allow an unlawful detainer action against debtor pending in California to go forward, concluding that resolution of the dispute was best left to the California courts.

  • REO Trust 2017-RPL1 v. Short Sale, LLC

    Publication Date: 2023-08-14
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Brennan
    Attorneys: For plaintiff: Janet Charlton, Michael Pak, McCabe, Weisberg & Conway, LLC, Wilmington, DE for plaintiffs.
    for defendant: Robert J. Valihura, Morton, Valihura & Zerbato, LLC, Greenville DE for defendant.
    Case Number: N20L-10-029 DJB

    Although mortgagor should have been noticed in second foreclosure action filed against purchaser at first sheriff's sale, the mortgagor's failure to participate in prior foreclosure action and purchaser being placed on constructive notice of potential mortgage liens on the property meant no interested party was prejudiced by the defect.

  • Coster v. UIP Co. Inc.

    Publication Date: 2023-07-10
    Practice Area: Corporate Governance
    Industry: Real Estate
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Max B. Walton, Kyle Evans Gay, Connolly Gallagher LLP, Newark, DE; Michael K. Ross, Serine Consolino, Aegis Law Group LLP, Washington, DC for appellant.
    for defendant: Deborah B. Baum, Pillsbury Winthrop Shaw Pittman LLP, Washington, DC; Stephen B. Brauerman, Elizabeth A. Powers, Bayard, P.A., Wilmington, DE for appellees.
    Case Number: 163, 2022

    Stock issuance that diluted interest of stockholder with one-half interest who had filed a custodian action to break board election deadlock was not inequitable where issuance was reasonably calculated to prevent default under company's key contracts and had the benefit of retaining a key employee, while stockholder was not coerced as she retained a swing vote.