On July 25, 2018, Delaware Governor John Carney signed into law Senate Bill No. 175 (as amended), which amends the requirements for withholding income tax on the sale of real property by nonresidents, including nonresident pass-through entities, in circumstances involving foreclosure or deeds in lieu of foreclosure. As of the July 1, 2018 effective date, the…

The Honorable Colm F. Connolly and the Honorable Maryellen Noreika have been sworn in as United States District Judges for the District of Delaware and will be assigned cases beginning on August 15.  Please see the full announcement from the District Court here.…

On July 23, 2018, Delaware Governor John Carney signed into law Senate Bill No. 183, which amends the Delaware Limited Liability Company Act. The legislation addresses a number of aspects of Delaware limited liability companies; however, the amendment most affecting commercial real estate transactions is the creation of a new type of Delaware series LLC known…

On August 1, 2018, the United States Senate confirmed the nominations of Colm F. Connolly and Maryellen Noreika to be United States District Judges for the District of Delaware. The nominations had been pending since December of 2017. Connolly and Noreika will fill the judicial vacancies created by now-retired Judge Sue L. Robinson’s taking of senior…

In the second quarter of 2018, the Delaware Superior Court’s Complex Commercial Litigation Division saw the appointment of Judge Abigail M. LeGrow to the panel. Judge LeGrow joins judges Mary M. Johnston, Eric M. Davis, and Paul R. Wallace.

The Delaware General Assembly recently enacted amendments to the Delaware Statutory Trust Act (the “DSTA”) which will become effective August 1, 2018. The amendments make a variety of changes relating to the nature and operation of statutory trusts, including (i) confirming the ability to use blockchain technology to store trust information, issue shares, and conduct trust…

In WoodSpring Hotels LLC v. National Union Fire Insurance Co. of Pittsburgh, PA, 2018 WL 2085197 (Del. Super. Ct.), Judge Davis granted a Motion for Partial Summary Judgment in an insurance coverage dispute. In this case, plaintiff WoodSpring Hotels LLC obtained a directors and officers insurance policy (the “Policy”) from defendant National Union Insurance Co. of…

In Viking Pump, Inc. v. Century Indemnity Co., 2018 WL 2331990 (Del. Super. Ct.), Judge Wallace denied the plaintiff’s motion to set judgment amounts and prejudgment interest. This long-running insurance coverage dispute arose from underlying asbestos-related personal injury claims. One of the plaintiffs, Warren Pumps LLC, sought declaratory relief against several excess insurers for defense costs.…

In Verizon Communications Inc. v. Illinois National Insurance Co., 2018 WL 2317821 (Del. Super. Ct.), Judge Carpenter granted the plaintiffs’ motion for entry of final judgment and prejudgment interest pursuant to Rule 58. This insurance coverage dispute arose from plaintiff Verizon Communications, Inc.’s settlement of two underlying actions (the “U.S. Bank Action” and “…

In DRIT LP v. Glaxo Group Ltd., C.A. No. N16C-07-218-WCC-CCLD (Del. Super. Ct. Apr. 25, 2018) (ORDER), Judge Carpenter granted the plaintiff’s Motion for Leave to File an Amended Complaint to add an additional count for breach of contract to the litigation. The motion for leave to amend, filed five months before trial, sought to add…