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Publication Date: 2018-02-28
Practice Area: Contractual Disputes | Corporate Entities
Industry: Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Kenneth J. Nachbar, John P. DiTomo and Elizabeth A. Mullin for plaintiffs
for defendant: Stephen B. Brauerman, Sara E. Bussiere, Scott A. Edelman and Alan J. Stone for defendant.
Case Number: D68061
Plaintiffs were entitled to advancement for legal fees incurred on their behalf in civil lawsuits.
Publication Date: 2018-02-21
Practice Area: Business Torts
Industry: Financial Services and Banking | Real Estate
Court: Delaware Superior Court
Judge: Judge Stokes
Attorneys: For plaintiff: David B. Anthony and Sean Meluney for plaintiff
for defendant: Michael F. Duggan and Brett T. Norton for defendant.
Case Number: D68052
Lender adequately stated claims for negligence and negligent misrepresentation against an appraiser for fail-ing to provide a residential property appraisal that complied with commercially reasonable standards.
Publication Date: 2018-02-14
Practice Area: Corporate Entities | Trusts and Estates
Industry: Financial Services and Banking
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Krause
Attorneys: For plaintiff: Thad. J. Bracegirdle, Andrea S. Brooks, Wilks, Lukoff & Bracegirdle LLC, Wilmington, DE, attorneys for plaintiff
for defendant: Jeffrey L. Moyer, Travis S. Hunter, Arun J. Mohan, Richards Layton & Finger, P.A., Wilmington, DE, attorneys for defendant.
Case Number: D68040
Claim for accounting properly dismissed where estate failed to plead existence of fiduciary duty between decedent and bank, or basis to pierce corporate veil between bank and its parent.
Publication Date: 2018-01-17
Practice Area: Dispute Resolution | Landlord Tenant Law
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Brady
Attorneys: For plaintiff: Brian S. Eng for appellant
for defendant: Seth L. Thompson for appellee.
Case Number: D68010
The owner of a mobile home park met the requirements of the Rent Justification Act with regard to a proposed rent increase where rent at the subject park was significantly lower than for comparable parks, and no health or safety concerns existed.
Publication Date: 2017-12-27
Practice Area: Civil Procedure | Contractual Disputes
Industry: Construction | Real Estate
Court: Delaware Superior Court
Judge: Judge Stokes
Attorneys: For plaintiff: William J. Rhodunda and Nicholas G. Kondraschow, Rhodunda & Williams, Wilmington, DE, attorneys for plaintiff
for defendant: Nichols H. Rodriguez and Dianna E. Louder, Schmittinger & Rodriguez, P.A., Dover, DE; Wade A. Adams II, Chrissinger & Baumberger, Wilmington, DE; Thomas P. Leff, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE; Joseph S. Naylor, Swartz Campbell, LLC, Wilmington, DE, attorneys for defendants.
Case Number: D67984
Summary judgment deferred where plaintiffs evidence created genuine issues of material fact as to the applicability of the doctrines of inherently unknowable injuries and fraudulent concealment to toll the limitations period and render plaintiffs complaint timely.
Law Journal Press | Digital Book
Authors: SHARI L. KLEVENS, ALANNA G. CLAIR
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Publication Date: 2017-12-20
Practice Area: Business Torts | Corporate Governance | REITS
Industry: Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Philip Trainer, Jr., Marie M. Degnan, John P. Coffey, Gregory A. Horowitz, Jeffrey S. Trachtman, Eileen Patt and Jeffrey Dunlap for plaintiff
for defendant: Elizabeth A. Sloan, Michael C. Miller, Michael G. Scavelli and Lara E. Romansic for defendant Block; Stephen P. Lamb, Me-ghan M. Dougherty, Allan J. Arffa, Gregory F. Laufer and Jeremy A. Benjamin for remaining defendants.
Case Number: D67979
Plaintiff adequately stated a claim for breach of fiduciary duty where officers and directors stood on both sides of a transac-tion which created an entity that defendants controlled by way of super-voting stock despite owning only a minority interest.
Publication Date: 2017-11-01
Practice Area: Insurance Law
Industry: Insurance | Real Estate | Retail
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Emily K. Silverstein, Marks, O'Neill, O'Brien, Doherty & Kelly P.C., Wilmington, DE; Louis H. Kozloff, Goldber Segalla LLP, Philadelphia, PA, attorneys for plaintiff
for defendant: John A. Sensing, Potter Anderson & Corroon LLP, Wilmington, DE; Alan E. Popkin, David W. Sobelman, and Melissa Z. Baris, Husch Blackwell LLP, St. Louis, MO, attorneys for defendant.
Case Number: D67918
Insurer had no duty to defend or indemnify insured under professional negligence liability policy where underlying action only alleged insureds intentional fraudulent conduct.
Publication Date: 2017-10-25
Practice Area: Contracts | Landlord Tenant Law
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge LeGrow
Attorneys: For plaintiff: Joseph J. Rhoades and Stephen T. Morrow, Rhoades & Morrow LLC, Wilmington, DE, attorneys for plaintiff
for defendant: Kelly E. Rowe, Reilly, Janiczek, McDevitt, Heinrich & Cholden, P.C., Wilmington, DE, attorney for defendant.
Case Number: D67910
Landlord of mobile home lot had common law and statutory duties to maintain premises independent of rental agreement obligations, which could support both tort and breach of contract claims.
Publication Date: 2017-10-11
Practice Area: Bankruptcy | Creditors' and Debtors' Rights
Industry: Real Estate
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Chagares
Attorneys: For plaintiff: Steven D. Sanfelippo, Cunningham Swaim, Dallas, TX, attorney for appellant
for defendant: Dennis M. Ryan, W. T. Roberts, III, and Jane E. Maschka, Faegre Baker Daniels, Minneapolis, MN, attorneys for appellees.
Case Number: D67894
Bankruptcy courts determination of debtors date of insolvency supported by competent evidence of debtors ability to pay creditors without liquidation, ability to sell assets at greater-than-liquidation prices, and continued ability to obtain financing immediately preceding insolvency.
Publication Date: 2017-08-16
Practice Area: Land Use and Planning | Real Estate
Industry: Real Estate
Court: Delaware Court of Chancery
Judge:
Attorneys: For plaintiff:
for defendant:
Case Number: D67837
Plaintiffs were not entitled to an implied easement for vehicles to cross over defendants' property, because plaintiffs failed to provide clear and convincing evidence that adverse use existed for t
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