Delaware Homeowners Association Law
 

State of Delaware v. Elmer Daniels

Wilmington, DE: On January 15, 1980, a 15-year-old girl reported she had been raped along the railroad tracks in Wilmington, Delaware.

School was out that day because of the Dr. Martin Luther King Jr. holiday, and the girl, known as G.S., said she had been at a party with some friends. She left about 5 p.m. with a 15-year-old boy, known as K.C., to call a friend from a telephone at a gas ... More...
   $0 (01-14-2023 - DE)

James R. Adams v. Governor of Delaware





James R. Adams is a resident and member of the State Bar of Delaware. For some time, he has expressed a desire to be considered for a judicial position in that state. Following the announcement of several judicial vacancies, Adams considered applying but ultimately chose not to... More...
   $0 (04-10-2019 - DE)

James R. Adams v. Governor of Delaware





James R. Adams is a resident and member of the State Bar of Delaware. For some time, he has expressed a desire to be considered for a judicial position in that state. Following the announcement of several judicial vacancies, Adams considered applying but ultimately chose not to beca... More...
   $0 (02-06-2019 - DE)

United States of America v. Joseph L. Capano

Wilmington, DE - Delaware Real Estate Developer Sentenced To 21 Months For Bank Fraud and Environmental Violation

Joseph L. Capano, age 75, of Middletown, Delaware, was sentenced to 21 months of incarceration followed by 12 months of home confinement, after pleading guilty in March 2016 to one count of bank fraud and one count of knowingly violating the Clean Water Act. Capano was also or... More...
   $0 (10-12-2016 - DE)

STATE OF DELAWARE v. LUIS REYES

The bodies of Brandon Saunders and Vaughn Rowe were discovered in a wooded area of Rockford Park in Wilmington, Delaware, on January 21, 1996. Nearly four years later, on December 6, 1999, Luis Reyes ("Reyes") and Luis Cabrera ("Cabrera") were indicted as co-defendants for the murders of Saunders and Rowe ("Rockford Park Murders").1 The State sought the death penalty for both Reyes and Cabrera in ... More...    $0 (03-13-2016 - DE)

Marino v. Patriot Rail Company LLC

The facts are drawn from the affidavits and supporting documents that the parties
submitted in connection with their motions for summary judgment. The parties agreed in
their briefs and at oral argument that there were no disputes of material fact that would
affect the outcome. Pursuant to Court of Chancery Rule 56(h), the cross-motions
therefore became “the equivalent of a sti... More...
   $0 (03-01-2016 - DE)

December Corp. v. Wild Meadows Home Owners Association, et al.

Plaintiff December Corporation (“December Corp.”) is a Pennsylvania corporation whose principal business is to manage and maintain housing communities.1 December Corp. manages the Wild Meadows manufactured housing community (“Wild Meadows”), which is an “active adult manufactured housing community”2 located in Dover, Delaware. Defendant Wild Meadows Home Owners Association (“WMHA”) is an incorpo... More...    $0 (12-23-2015 - DE)

Gerald A. Lechliter v. Del. Department of Natural Resources, et al.

The Plaintiff here, Colonel Gerald A. Lechliter, is a resident of Lewes. His
home is situated on a quiet cul-de-sac, and his property abuts a parcel of land once
part of a planned, but never used, industrial park owned by the University of
Delaware. The land was acquired from the University by the State Department of
Natural Resources and Environmental Control (“DNREC”), and ... More...
   $0 (12-01-2015 - DE)

Jones v. State Of Delaware

Kyran Jones appeals from his October 10, 2014 Superior Court
conviction for first degree assault, attempted robbery, and two counts of possession
of a firearm during the commission of a felony. The court sentenced Jones to
eleven years of incarceration. Jones challenges his conviction on two grounds.
First, he argues a statement made by the prosecutor in the State’s closing... More...
   $0 (11-11-2015 - DE)

Summers, et al. v. Walnut Ridge Community Association, Inc.

Unless otherwise indicated, the following facts are not in dispute. Walnut
Ridge is a subdivision consisting of 18 single-family homes serviced by a private
road (the “Private Road”). The subdivision originated in 1955, when Daniel B.
Friel and his wife, Helen J. Friel, subdivided their land into 18 lots and sold the lots
for the purposes of residential development. Accordin... More...
   $0 (11-03-2015 - DE)

Revolution Retail Systems, LLC v. Sentinel Technologies, Inc.

In 2011, Vector proposed a term sheet to acquire Tidel and its subsidiary,
Revolution. Tidel‟s majority stockholder, however, had high expectations for
Revolution‟s business prospects, and Tidel‟s Board rejected Vector‟s offer. Vector later
offered to acquire only Tidel, which Tidel accepted. Tidel and Revolution formally were
separated into two indep... More...
   $0 (11-01-2015 - DE)

Doberstein v. G-P Industries, Inc.

Plaintiff, Anne L. Doberstein, is an individual who primarily works and resides in
Switzerland. Doberstein also owns a residence located at 103 East Pembrey Drive in
Wilmington, Delaware. In October 2012, Doberstein entered into a contract with G-P (the “Agreement”),
under which G-P agreed to serve as the general contractor on a significant home
renovation project at Doberstei... More...
   $0 (11-01-2015 - DE)

Quadrant Structured Products Company, Ltd. v. Vertin, et al.

A five-day trial took place on June 22-25 and 30, 2015. The parties submitted over
900 exhibits, called six fact witnesses and five expert witnesses, and lodged twenty-three
depositions. The following facts were proven by a preponderance of the evidence.
Quadrant principally challenged Athilon’s payments of allegedly excessive service and licensing fees to an affiliate of Merced, as... More...
   $0 (10-20-2015 - DE)

In re TIBCO Software Inc. Stockholders Litigation

This decision is round two of an action in which a stockholder of TIBCO Software
Inc. challenges the per-share consideration that a private equity fund (“Vista”) agreed to
pay to acquire TIBCO in a merger that closed on December 5, 2014. The merger
agreement provided for stockholders to receive $24 per share. Based on the number of
fully diluted shares of TIBCO outstanding, w... More...
   $0 (10-20-2015 - DE)

Hartley v. Consolidated Glass Holdings, Inc

To understand the arguments that have been raised in this case, it is easier
first to describe what HFA is not, rather than what it is. HFA is not a recorded
subdivision in Sussex County. There is no plot plan, recorded or otherwise,
showing the numbered lots within HFA. Instead, HFA consists of several parcels
of land along a private road near Bridgeville.1 These parcels w... More...
   $0 (10-04-2015 - DE)

Garnet O'Marrow and Clarence Gardner v. Dean P. Roles, Jr., d/b/a D&M Training

To understand the arguments that have been raised in this case, it is easier
first to describe what HFA is not, rather than what it is. HFA is not a recorded
subdivision in Sussex County. There is no plot plan, recorded or otherwise,
showing the numbered lots within HFA. Instead, HFA consists of several parcels
of land along a private road near Bridgeville.1 These parcels w... More...
   $0 (10-04-2015 - DE)

Carlyle Investment Management Group, LLC, et al. v. Moonmouth Company S.A., et al.

Non-party Carlyle Capital Corporation, Ltd. (“CCC”) was a limited company
organized under the laws of the Island of Guernsey, Channel Islands in August 2006
The facts are drawn from the allegations in the plaintiffs‟ First Amended Verified Complaint (the “Complaint”), which are assumed true for purposes of the defendants‟ motion to dismiss, as well as documents integral to th... More...
   $0 (09-14-2015 - DE)

Henlopen Landing Homeowners Association v. Vester

In November 2011, JaKara Vester filed a housing discrimination complaint
with the Delaware Division of Human Relations (the ―DDHS Action‖) alleging
discrimination based on race, disability, and familial status in connection with the
Henlopen Landing Homeowners Association’s (―HOA‖) refusal to approve certain
requested accommodations.2 Ms. Vester also al... More...
   $0 (09-14-2015 - DE)

Dorothy Blansfield v. Alumni Association of Arizona State University, et al.

Plaintiff, Dorothy Blansfield, was a cousin of the decedent, John J. Egyed, Jr. (the
“Decedent”). Blansfield is one of the alternative residual beneficiaries designated by
Decedent in his last will and testament. Defendants, the Alumni Association of Arizona
State University (“Arizona State”), the Alumni Association of Temple University
(“Temple”), and the Roman Catholic Dioc... More...
   $0 (08-02-2015 - DE)

Trinity Wall Street v. Wal-Mart Stores, Inc.

“[T]he secret of successful retailing is to give your
customers what they want.” Sam Walton, SAM WALTON:
MADE IN AMERICA 173 (1993). This case involves one
shareholder’s attempt to affect how Wal-Mart goes about
doing that.
Appellant Wal-Mart Stores, Inc., the world’s largest
retailer, and one of its shareholders, Appellee Trinity Wall
Street—an Episcopal parish headqua... More...
   $0 (07-06-2015 - DE)

CMS Investment Holdings, LLC v. Lawrence E. Castle

The plaintiff in this action invested in a Delaware limited liability company
(―LLC‖) whose business was providing non-legal administrative services to law firms
and their mortgage lender clients in connection with mortgage foreclosures. That
business was created by the principal defendants: five individuals who practiced law in
Colorado and Arkansas. Seeking to monetize their ... More...
   $0 (06-23-2015 - DE)

Doroshow, Pasquale, Krawitz & Bhaya v. Nanticoke Memorial Hospital, Inc.

Nanticoke Memorial Hospital filed a $160,958 hospital lien for the cost of Maria Acosta’s medical treatment resulting from a car accident on July 11, 2003. The law firm of Doroshow, Pasquale, Krawitz, & Bhaya represented Acosta in a personal injury claim against the tortfeasor who caused her injuries. Nationwide Assurance Company paid $19,671.49 to settle her claim. Nanticoke argues that its hos... More...    $0 (01-23-2012 - DE)

Kuhn Construction, Inc. v. Diamond State Port Corporation

Kuhn Construction Company submitted the lowest bid to reconstruct a wharf for Diamond State Port Corporation, but later disputed construction and engineering plans. When DSPC’s executive director asserted that their contract’s referee clause allowed him to arbitrate disputes between the parties, Kuhn sued to enjoin arbitration. The Vice Chancellor granted DSPC’s motions to dismiss and compel... More...    $0 (03-08-2010 - DE)

Joel Brown v. United Water Delaware, Inc.

In this appeal we consider whether homeowners may state a claim for damages allegedly caused by the negligence of a public utility. The so-called “filed rate doctrine” requires regulated utilities to charge all of their customers the rate approved by the regulator. The filed rate generally includes restrictions on the utility’s liability.

In this case, a water company included in its ... More...
   $0 (02-15-2010 - DE)

Alan D. Paul v. Deloitte & Touche, LLP and Deloitte & Touche, USA, LLP

This appeal arises out of a contractual dispute between Plaintiff-Appellant Alan D. Paul and Defendants-Appellees Deloitte & Touche LLP (“D&T”), and Deloitte & Touche, USA, LLP (“D&T USA”) (collectively, “Deloitte”), in which Paul was severed from the Deloitte partnerships. Deloitte and Paul have each filed an appeal from the Superior Court’s grant of summary judgment. We first addre... More...    $0 (05-20-2009 - DE)

Wendell Gorum, Ph.D. v. Allen L. Sessoms, Ph.D., Board of Trustees of Delaware State University

Wendell Gorum, Ph.D., appeals the District Court’s grant of summary judgment in favor of Allen Sessoms, Ph.D., President of Delaware State University (“DSU”), and the DSU Board of Trustees (the “Board”).1 Gorum alleged that Sessoms retaliated against him for engaging in speech and association protected by the First Amendment to the United States Constitution.2 For the reasons that follow... More...    $0 (04-03-2009 - DE)

Robert McLaughlin, et al. v. Robert F. McCann, et al.

This dispute involves the familiar small business deal gone bad story. The agreement underlying the transaction contains an arbitration clause that one side of the transaction wishes to enforce and the other side wishes to avoid. The particular issue addressed in this decision is who - this court or an arbitrator - should decide whether and to what extent the parties' claims should be arbi... More...    $0 (02-21-2008 - DE)

Victoria E. Rosenthalis, etc. v. Doctors for Emergency Services, P.A., et al.

This is an insurance coverage case of first impression in Delaware. The issue is whether the $300,000 cap2 specified in the Delaware Insurance Guaranty Association Act3 applies on a "per incident" or "per claimant" basis. Here, a single incident of medical negligence left four plaintiffs – a patient who died, his widow and two children – with two causes of action, a survival claim and a wro... More...    $600000 (04-05-2004 - DE)

Marla R. Eskin, Administratrix of the Estate of Robert P. Chickadel v. Barbara A. Carden

In this appeal we address for the first time whether biomechanical expert testimony may be admitted in Delaware courts to address the relationship between the physical forces involved in an automobile accident and the cause and severity of an occupant's alleged injuries. In doing so, we take the opportunity to address and clarify Davis v. Maute,1 in an attempt to provide guidance to Delaw... More...    $580000 (02-16-2004 - DE)

Diane A. Adams, D.O., et al. v. Alexander Luciani, et al.

Plaintiff-Appellee Connie Luciani's physician diagnosed her as an insulin-dependant diabetic during her pregnancy. When she came to full term at 40 weeks, Defendant-Appellant, Diane A. Adams, D.O. and Albert French, M.D. decided to induce labor. Milford Memorial Hospital admitted Luciani on March 1, 1998, for the administration of Cervidil, a device that ripens or thins the cervix.

Dr. ... More...    $4000000 (12-10-2003 - DE)

Delaware River Port Authority, et al. v. Fraternal Order of Police, et al.

At issue is whether we should give preclusive effect to a state court judgment on a collective bargaining matter. In a declaratory judgment action, the District Court held that despite a prior New Jersey judgment, the Delaware River Port Authority had no duty under its congressionally approved bi-state compact to recognize certain collective bargaining rights of supervisory employ... More...    $0 (05-21-2002 - DE)

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