What follows is a discussion of landlord and tenant rights under Delaware law regarding improvements, trade fixtures, equipment, and other personal property at leased premises upon termination of a commercial lease. In particular, this article addresses how the law deals differently with property in the leased premises that is defined as improvements or fixtures, in contrast…

One of the pleasures of practicing real estate law in Delaware is the comparative absence of statutory preemptions of the common law and the relative scarcity of case law. This can spur one’s historic interests in delving into the common law that Delaware has preserved from its colonial origins. The flipside of this, of course, is…

The Delaware Superior Court’s Complex Commercial Litigation Division (“CCLD”) closed out 2020 with a number of opinions, including an issue of first impression.  Much like its sister court, the Court of Chancery, the CCLD has switched over to fully remote proceedings.  Judge Wallace held one of the division’s first fully remote bench trials in December in…

In Estate of Martha Barotz v. Martha Barotz 2006-1 Insurance Tr. et al., C.A. No. N20C-04-126 EMD CCLD, Judge Davis denied the defendant’s motion to dismiss or, in the alternative, for a stay.  The dispute began when plaintiff Estate of Martha Bartoz (the “Estate”) sought to recover life insurance proceeds from the defendants, including Martha Barotz…

In Preston Hollow Capital LLC v. Nuveen LLC, 2020 WL 7365808 (Del. Super. Ct. Dec. 15, 2020), plaintiff Preston Hollow originally asserted claims against its business competitor Nuveen for tortious interference and defamation in the Court of Chancery.  Preston Hollow’s defamation claim was dismissed, with leave to transfer the claim to the Superior Court.  The Superior…

In The American Bottling Company v. Repole, et al., C.A. No. N19C-03-048 AML CCLD, Judge LeGrow considered a motion to dismiss two counts of a second amended complaint.  Defendants Mike Repole and BA and Sports Nutrition, LLC (“Bodyarmor,” together with Repole, the “Moving Defendants”) moved to dismiss a claim for tortious interference with contract asserted against…

In American International Industries v. Neslemur Company, C.A. No. N19C-04-258 MMJ CCLD, Judge Johnston considered as an issue of first impression whether there is any Delaware authority for the imposition of an anti-claim injunction, as opposed to an anti-suit injunction. American International Industries (“AII”) had acquired assets from Neslemur under an asset purchase agreement.  The agreement…

Mr. Chodes was a member of Oasis Legal Finance Operating Company LLC and was sued by the company. In the action before the Delaware Court of Chancery on October 15th, Mr. Chodes sought advancement of legal defense funds from the LLC due to claimed indemnification, and the LLC sought dismissal. Vice Chancellor Laster noted that in…

In The Williams Companies Stockholder Litigation, the Delaware Court of Chancery enjoined a stockholder rights plan, having described it as having “an extreme, unprecedented collection of features.” Nevertheless, the opinion does not signal a major shift in Delaware law with respect to the adoption and maintenance of stockholder rights plans.…

In a further development of the In re Delaware Public Schools Litigation, C.A. No. CV 2018-0029-VCL (County Track), on February 24, 2021, the Delaware Court of Chancery granted a Stipulation and Order requiring that Kent County complete a general reassessment of all real property in the county and that such reassessed values be placed on the…