• Mortgage Connect Document Solutions, LLC v. Green Indus. Dev. Group, LLC

    Publication Date: 2023-09-25
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Andrew D. Cordo, Kaitlin E. Maloney, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE for plaintiff.
    for defendant: Katherine L. Mowery, Griffin A. Schoenbaum, Richards, Layton & Finger, P.A., Wilmington, DE; Mark T. Josephs, Brian H. Oates, Matt M. Johnson, Jackson Walker, LLP, Dallas, TX for defendant.

    Case Number: N23C-01-178 MAA CCLD

    Court denied landlord summary judgment on tenant's breach of lease agreement where the lease obligated the parties to continue with a revise-or-consent procedure to resolve improvement costs over the tenant allowance, and there was evidence that the tenant was continuing with the procedure until the landlord refused to proceed with revisions and terminated the lease.

  • Simon Prop. Group, L.P. v. Regal Ent. Group

    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.

  • Parkway Gravel, Inc. v. C&M Constr. Co., LLC

    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.

  • Simon Prop. Group, L.P. v. Brighton Collectibles, LLC

    Publication Date: 2022-01-04
    Practice Area: Landlord Tenant Law
    Industry: Retail
    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 for plaintiff.
    for defendant: P. Clarkson Collins, Jr., Patricia A. Winston, Kirsten Zeberkiewicz, Kuhu Parasrampuria, Morris James, Wilmington, DE for defendant.

    Case Number: D69667

    Counterclaim based on alleged oral modification of lease survived dismissal where part performance and course of conduct by the parties supported finding that parties had orally waived contractual provisions requiring written amendment of lease.

  • Rehoboth Bay Homeowners' Ass'n v. Hometown Rehoboth Bay, LLC

    Publication Date: 2021-05-26
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Olga Beskrone, Community Legal Aid Society, Inc., Wilmington, DE appellants.
    for defendant: Michael P. Morton, Robert J. Valihura, David C. Zerbato, Morton, Valihura & Zerbato, LLC, Greenville, DE for appellee.

    Case Number: D69410

    Capital improvements to a manufactured home community entitled the owner to raise rent under the Rent Justification Act, but the owner could not extend the rent increase into subsequent years once it had recov-ered that expense.

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    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

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  • Torrent Pharma, Inc. v. Priority Healthcare Distrib., Inc.

    Publication Date: 2020-10-28
    Practice Area: Landlord Tenant Law
    Industry: Pharmaceuticals
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Michael B. McCauley, Palmer Biezup & Henderson, LLP, Wilmington, DE for plaintiff.
    for defendant: Elizabeth Sloan, Brittany M. Giusani, Ballard Spahr, Wilmington, DE; Sarah B. Cole, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendants.

    Case Number: D69172

    A genuine issue of material fact existed as to whether property damage resulted from tenant's failure to make repairs or because of landlord's failure to replace a mechanical system.

  • Donovan Smith MHP, LLC v. Donovan Smith HOA

    Publication Date: 2019-10-30
    Practice Area: Landlord Tenant Law
    Industry: Hospitality and Lodging | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Seth L. Thompson, Parkowski Guerke & Swayze, P.A., Wilmington, DE for appellant.
    for defendant: Dmitry Pilipis, Community Legal Aid Society, Inc., Wilmington, DE for appellee.

    Case Number: D68750

    Although the arbitrator erred in concluding that proposed rent increases were not "directly related" to operation, maintenance, or improvement of a mobile home park when park owner presented evidence of new expenses, the arbitrator had sufficient evidence to find the increase did not comply with statutory law where there was insufficient evidence to find the lots were below market.

  • Sandhill Acres MHC, LC v. Sandhill Acres Home Owners Ass'n

    Publication Date: 2019-05-29
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Strine
    Attorneys: For plaintiff: Nicole M. Faries, Baird Mandalas & Brockstedt, LLC, Wilmington, DE for plaintiff.
    for defendant: Daniel S. Atlas, Steven D. Adler and Brian S. Eng, Community Legal Aid Society, Inc., Wilmington and Dover, DE for defendant. Michael P. Morton and Robert J. Valihura, Jr., Morton, Valihura & Zerbato, LLC, Greenville, DE for Amicus Curiae First State Manufactured Housing Ass'n.

    Case Number: D68577

    The owner of a manufactured housing community could raise rent under the Rent Justification Act based on evidence of a capital expenditure or increase in operational or maintenance expenses that had a direct and sub-stantial relationship to the proposed rent increase.

  • Verbitski v. Diamond State Port Corp.

    Publication Date: 2019-04-24
    Practice Area: Landlord Tenant Law | Personal Injury
    Industry: Distribution and Wholesale | Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Joseph J. Rhoades, Rhoades & Morrow, Wilmington, DE for plaintiff.
    for defendant: David Primack, McElroy Deutsch Mulvaney & Carpenter LLP, Wilmington, DE for defendant. Mark Sposato, Marks, O'Neill, O'Brien, Doherty & Kelly, P.C., Wilmington, DE for third-party defendant.

    Case Number: D68540

    A landlord was not entitled to indemnity in this personal injury matter, because the employer who leased the property was entitled to the protection of the workers' compensation exclusivity doctrine.

  • Bridev One, LLC v. Regency Ctrs., LP

    Publication Date: 2018-05-02
    Practice Area: Creditors' and Debtors' Rights | Landlord Tenant Law
    Industry: Food and Beverage | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68122

    Superior court continued to possess jurisdiction to issue charging orders to execute judgments against LLC membership interests, where the statutory vesting the chancery court with jurisdiction to issue charging orders did not vest exclusive jurisdiction or divest the superior court of jurisdiction to issue such orders.