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  • PVP Aston, LLC v. U.S. Bank Nat'l Ass'n

    Publication Date: 2023-02-07
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Insurance | Real Estate
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Michael L. Vild, Christopher P. Simon, Cross & Simon, LLC, Wilmington, DE for plaintiffs.
    for defendant: Robert A. Penza, Christina B. Vavala, Polsinelli PC, Wilmington, DE: Llynn K. White, Polsinelli PC, St. Louis, MO; John A. Sensing, Carson R. Bartlett, Potter Anderson & Corroon LLP, Wilmington, DE; Chad S.C. Stover, Barnes & Thornburg LLP, Wilmington, DE for defendants.
    Case Number: N22C-03-103 AML CCLD

    Plaintiffs were not entitled to declaratory judgment on their breach of contract and quiet title claims where their proffered interpretation of their contracts with their lenders and mortgage insurers were unreasonable as it would effectively absolve plaintiffs from their obligation to make their final balloon loan payment.

  • Bay Point Capital Partners L.P. v. Fitness Recovery Holdings, LLC

    Publication Date: 2021-12-14
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Steven M. Miller, K. Tyler O’Connell, Barnaby Grzaslewicz, Morris James, Wilmington, DE; John F. Isbell, Law Offices of John F. Isbell, LCC, Atlanta, GA for plaintiffs.
    for defendant: Michael A. Weidinger, Megan Brison, Pickney, Weidinger, Urban & Joyce LLC, Wilmington, DE; Joshua Krakowsky, Davidoff Hutch-er & Citron LLP, New York, NY for defendant.
    Case Number: D69641

    The court held that the promissory notes at issue contained plain, unambiguous terms that did not waive the unsecured credi-tor's right to agree to any modification of the agreement such that defendant's unilateral modification of the due date of the promissory notes was invalid. Motion for judgment on the pleadings granted.

  • FMC Corp. v. New Castle Co. Special Serv. Dept.

    Publication Date: 2018-03-14
    Practice Area: Government | Regulation
    Industry:
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Jessica C. Watt and Brendan K. Collins for petitioner
    for defendant: Max B. Walton, Kyle E. Gay and Marlaine A. White for defendant.
    Case Number: D68074

    The general manager of a county special services department exceeded her authority in issuing a final order that imposed fines and injunctive relief for a partys failure to comply with the restrictions of a permit. Administrative order vacated.