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Publication Date: 2022-07-19
Practice Area: Landlord Tenant Law
Industry: Entertainment and Leisure | Real Estate
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Timothy R. Dudderar, Jesse L. Noa, Carla M. Jones, Potter Anderson & Corroon, LLP, Wilmington, DE; David M. Fedder, Dentons US LLP, St. Louis, MO; Shannon Shin, Dentons US LLP, Chicago, IL for plaintiff.
for defendant: Kashif I. Chowdhry, Parkowski Guerke & Swayze, P.A., Dover, DE; Curtis Romig and Kevin Arocha, Bryan Cave Leighton Paisner LLP, Atlanta, GA; Erin A. Kelly, Bryan Cave Leighton Paisner LLP, Denver, CO for defendant.
Case Number: D96890
Court enforced guaranty provision under commercial lease following non-payment of rent due to financial difficulties caused by COVID-19 shutdowns, where the leases allocated risk of a force majeure event to tenants.
Publication Date: 2022-07-12
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Gerald I.H. Street, John I. Ellis, Street & Ellis, P.A., Dover, DE; Bradley S. Eaby, State of Delaware Department of Justice, Dover, DE for petitioner.
for defendant: Richard P. Beck, Richard Beck LLC, Centreville, DE; John H. Newcomer, Jr., Morris James LLP, Wilmington, DE for respondents.
Case Number: D69880
Motion to equitably divest the state from its superior title to a parcel under the doctrine of acquiescence denied where there was no evidence to charge the state with knowledge of competing party's possessory acts such that the state could be said to have acquiesced to such acts.
Publication Date: 2022-07-05
Practice Area: Corporate Entities
Industry: E-Commerce | Investments and Investment Advisory | Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Stephen B. Brauerman, Sarah T. Andrade, Bayard, P.A., Wilmington, DE; Christopher O. Murray, Julian R. Ellis, Jr., Brownstein Hyatt Farber Schreck, LLP, Denver, CO for plaintiffs.
for defendant: Matthew F. Davis, Justin T. Hymes, Potter Anderson & Corroon LLP, Wilmington, DE; Charles F. Connolly, Akin Gump Strauss Hauer & Feld, Washington, DC; Stephen M. Baldini, Stephanie Lindemuth, Akin Gump Strauss Hauer & Feld, New York, NY for defendants.
Case Number: D69872
Partner who was removed from joint venture plausibly alleged that co-venturer improperly asserted cause to exercise its removal rights, thereby constituting a non-exculpated breach of the joint venture agreement.
Publication Date: 2022-06-28
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Insurance | Real Estate
Court: Delaware Superior Court
Judge: Judge LeGrow
Attorneys: For plaintiff: Christopher P. Simon, Michael L. Vild, Cross & Simon, LLC, Wilmington, DE for plaintiffs.
for defendant: Michael W. Teichman, Kashif I. Chowdhry, Kyle F. Dunkle, Parkowski, Guerke & Swayze, P.A., Wilmington, DE; Jeffrey D. Brooks, Tanisha L. Massie, Morrison Cohen LLP, New York, NY for defendants.
Case Number: D69867
Court declined to apply jury waivers in related loan documents to obligors' claims against their mortgage insurer, where the waiver clauses did not unambiguously include claims arising from outside the loan transaction within their scope.
Publication Date: 2022-06-28
Practice Area: Contracts
Industry: Financial Services and Banking | Construction | Real Estate
Court: Delaware Superior Court
Judge: Judge Carpenter
Attorneys: For plaintiff: Blake A. Bennett, C. Scott Reese, Dean R. Roland, Cooch and Taylor, P.A., Wilmington, DE for plaintiff.
for defendant: David L. Baumberger, Law Offices of Chrissinger & Baumberger, Wilmington, DE; Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; Louis J. Rizzo, Jr., Reger Rizzo & Darnall LLP, Wilmington, DE; Josiah R. Wolcott, Connolly Gallagher, Newark, DE; Thaddeus J. Weaver, Dilworth Paxson LLP, Wilmington, DE for defendants.
Case Number: D69862
Defective construction claims by condominium association were timely filed where receiver who previously controlled condo was appointed solely to complete construction and limit the losses of the mortgagee, such that the limitations period did not start running until the association of ow ners took control.
Law Journal Press | Digital Book
Authors: Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown
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Publication Date: 2022-05-17
Practice Area: Corporate Entities
Industry: Investments and Investment Advisory | Real Estate
Court: Court of Chancery
Judge: Vice Chancellor McCormick
Attorneys: For plaintiff: Max B. Walton, Kyle Evans Gay, Connolly Gallagher LLP, Newark, DE; Michael K. Ross, Thomas Shakow, Serine Consolino, Aegis Law Group LLP, Washington, DC for plaintiff.
for defendant: Stephen B. Brauerman, Elizabeth A. Powers, Bayard, P.A., Wilmington, DE; Deborah B. Baum, Pillsbury Winthrop Shaw Pittman LLP, Washington, DC; Neal C. Belgam, Kelly A. Green, Jason Z. Miller, Smith Katzenstein & Jenkins LLP, Wilmington, DE for defendants.
Case Number: D69814
Board was substantially justified in approving stock sale that diluted equal stockholder's interest, where it mooted that stockholder's legal action that posed a risk of triggering termination of the company's key contracts.
Publication Date: 2022-05-03
Practice Area: Real Estate
Industry: Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Dean A. Campbell, Law Office of Dean A. Campbell, P.A., Milton, DE for plaintiffs.
for defendant: Richard E. Berl, Jr., Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE for defendants.
Case Number: D69800
Condominium owners' action for declaratory judgment and injunctive relief failed where they failed to show that their rights under the condominium's governing documents had been irreparably impaired by the HOA's actions.
Publication Date: 2022-05-03
Practice Area: Landlord Tenant Law
Industry: Construction | Real Estate
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Jeffrey M. Weiner, Wilmington, DE for plaintiff.
for defendant: Christofer C. Johnson, The Johnson Firm LLC, Wilmington, DE for defendant.
Case Number: D69801
The court found that plaintiff proved through verified evidence and admissions deemed admitted that defendant defaulted on its lease.
Publication Date: 2022-04-05
Practice Area: Bankruptcy
Industry: Legal Services | Real Estate
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff:
for defendant:
Case Number: D69771
Bankruptcy court did not err in issuing a contempt order based on appellant's failure to comply with an order for the disgorgement of fees, where the bankruptcy court had not impermissibly expanded the scope or nature of appellant's status as a fictitious entity, as appellant had previously represented itself as one.
Publication Date: 2022-03-22
Practice Area: Trusts and Estates
Industry: Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: James S. Green, Jr., Jared T. Green, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for plaintiffs Edward F. Brovelli, Jr., individually, and as trustee of The Brovelli Family Trust 2A and defendant USA Carrington Park 20, LLC.
for defendant: Gregory F. Fischer, Cozen O’Connor, Wilmington, DE; John J. Sullivan, Cozen O’Connor, New York, NY, for defendants Independence Realty Operating Partnership, LP, Independence Realty Trust, Inc., Independence Realty Advisors, LLC, IRT Carrington Apartments Owner, LLC and plaintiffs Independent Realty Trust, Inc., and Independence Realty Operating Partnership, LP.
Case Number: D69751
The court held the trust had standing to sue defendants because defendant Carrington had transferred its right to sue to the trust, that Brovelli as an individual did not have standing to sue because he was not a party to any of the subject contracts, that defendants who were not parties to the subject contracts should be dismissed, and that whether damages were direct or consequential had issues of fact and were not appropriate for a motion to dismiss.
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