• Navient Solutions LLC v. BPG Office Partners XIII Iron Hill LLC

    Publication Date: 2024-05-06
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Miller
    Attorneys: For plaintiff: R. Karl Hill, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for plaintiff.
    for defendant: Jeffrey M. Weiner, Law Offices of Jeffrey M. Weiner, Wilmington, DE for defendants.

    Case Number: N20C-04-005 KMM

    Court partially granted lender's motion to quash judgment creditor's writs of garnishment to collect on lender's collateral, where the court adopted the legal principle that a lender did not have to take affirmative steps to preserve its priority status over a lien creditor.

  • Cedres v. Geoffrey Serv. Corp.

    Publication Date: 2024-04-15
    Practice Area: Contracts
    Industry: Construction | Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Nathan D. Barillo, Fox Rothschild LLP, Wilmington, DE for plaintiffs.
    for defendant: Edward J. Fornias, III, Law Office of EJ Fornias, P.A., Wilmington, DE for defendants.

    Case Number: 2020-0745-MTZ

    Court declined to enforce a settlement against defendants' affiliates who were non-parties to the underlying action, as Ct. Ch. R. 71 could not supply an independent basis to extend jurisdiction over non-parties in the absence of due process.

  • In re: SC SJ Holdings, LLC

    Publication Date: 2024-04-08
    Practice Area: Bankruptcy
    Industry: Hospitality and Lodging | Legal Services | Real Estate
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Rendell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-1731

    Bankruptcy court correctly rejected debtors' motion to modify their reorganization plan to obtain relief from a release of legal malpractice claims against their bankruptcy counsel where the motion was filed after debtors had substantially consummated the plan.

  • Davis v. Newrez

    Publication Date: 2024-03-26
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Hall
    Attorneys: For plaintiff: Walter R. Davis III and Diana M. Coke-Davis, Dover, DE, pro se plaintiffs.
    for defendant: Scott B. Czerwonka, Anna Lucia Fiscella, Wilks Law LLC, Wilmington, DE for defendant.

    Case Number: 21-1713 (JLH)

    Real Estate Settlement Procedures Act claims failed where borrowers' communications did not constitute "qualified written requests" as defined by the act and the servicer's responses did not injure the borrowers.

  • In re: RGN-Group Holdings, LLC

    Publication Date: 2024-03-26
    Practice Area: Contracts
    Industry: Investments and Investment Advisory | Real Estate
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Ambro
    Attorneys: For plaintiff: John Bash, Quinn Emanuel Urquhart & Sullivan, LLP, Austin, TX; Daniel C. Posner, Quinn Emanuel Urquhart & Sullivan, LLP, Los Angeles, CA; Eric W. Pinker, Lynn Pinker Hurst & Schwegmann, LLP, Dallas, TX; Ricardo Palacio, Ashby & Geddes, P.A., Wilmington, DE for appellants.
    for defendant: Nicole A. Saharsky, Minh Nguyen-Dang, Mayer Brown LLP, Washington, DC; Michael P. Lennon, Charles S. Kelley, Jr., Susan L. Alkadri, Mayer Brown LLP, Houston, TX; Bryan J. Hall, Chipman Brown Cicero & Cole, Wilmington, DE; Jeffrey M. Scott, Archer & Greiner, P.C., Philadelphia, PA for appellee.

    Case Number: 22-3019

    Original tenant could not be held liable under assigned lease which was amended by the landlord and assignee without the original tenant's knowledge or consent.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

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

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  • Rayfield-Bey v. Wells Fargo & Co.

    Publication Date: 2024-03-18
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Verlyn-Teresa: Rayfield-Bey, Wilmington, DE, pro se plaintiff.
    for defendant: John E. Tarburton, Orlans PC, Wilmington, DE; Katherine Randolph Fry, Offit Kurman, P.A., Wilmington, DE; Geoffrey Graham Grivner, Buchanan Ingersoll & Rooney PC, Wilmington, DE for defendants.

    Case Number: 22-1073-CFC

    Real Estate Settlement Procedures Act claim failed where qualified written request did not seek servicing information but instead demanded the original, ink-signed note for the mortgage to prove the servicer's right to collect mortgage payments.

  • Morris v. Delmarva Real Estate Holdings, LLC

    Publication Date: 2024-02-19
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Paul G. Enterline, Georgetown, DE for plaintiff.
    for defendant: Brian J. Ferry, Wilmington, DE for defendant.

    Case Number: 2022-1211-MTZ

    Option contract with firm deadline for exercise effectively contained a "time is of the essence" provision regardless of whether the contract used that specific phrase.

  • Klein v. Sussman

    Publication Date: 2024-02-12
    Practice Area: Corporate Governance
    Industry: Construction | Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Fioravanti
    Attorneys: For plaintiff: Gary E. Junge, Scott E. Chambers, Schmittinger & Rodriguez, P.A., Dover, DE for plaintiff.
    for defendant: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE for defendants.

    Case Number: 2020-0189-PAF

    Court found that parties agreed to LLC agreement naming them equal members and co-managers, based on the parties' course of conduct following agreement that was consistent with the material terms of the agreement.

  • Smith v. Fed. Nat'l Mortgage Ass'n

    Publication Date: 2024-01-22
    Practice Area: Real Estate
    Industry: Federal Government | Real Estate
    Court: Court of Chancery
    Judge: Chancellor Mitchell
    Attorneys: For plaintiff: Paula H. Smith, Newark, DE, petitioner pro se.
    for defendant: Melanie J. Thompson, CoraAnn M. Foley, Orlans PC, Wilmington, DE for respondent.

    Case Number: 2023-0653-LM

    Adverse possession claim failed where petitioner had not occupied the property for at least 20 years.

  • 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.