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Litigation

: Delaware Corporate and Commercial Litigation Blog

Removing a Lis Pendens Based on Pending Litigation

By Francis G. X. Pileggi, Esq.

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Nicastro v. Rudegeair, 2008 WL 979677 (Del. Ch., April 1, 2008), read opinion here. This is a one-page letter decision (with several footnote citations to cases law), which includes a helpful reference to the procedure necessary to remove a Notice of lis pendens  filed pursuant to Section 1608 of Title 25 of the Delaware Code. Namely, once a motion is filed, the "court must  determine that there is not a probability that final judgment will be entered in favor of the party recording the notice of pendency."

Full post as published by Delaware Corporate and Commercial Litigation Blog on April 11, 2008 (boomark / email).

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