Matthew J. Rifino

Salt Meadows Homeowners Association—Jury trial victory

Secured a jury verdict in Delaware Superior Court awarding Salt Meadows $12.9 million—the second largest jury verdict in a construction defect litigation in any Delaware federal or state court. The case revolved around damages related to water infiltration at townhomes in Fenwick Island, Delaware, caused by the general contractor’s negligent construction and supervision of construction at the property 15 years ago.

Bank—Commercial litigation

Obtained through motion practice a dismissal with prejudice of counterclaims asserted by a defendant claiming breach of contract, promissory estoppel, fraud, and violations of the Pennsylvania Unfair Trade Practices & Consumer Protection Law against our client bank in an effort to recover millions of dollars from the bank in response to the bank’s breach of contract action against the defendant. The dismissal bars the defendant from recovering related attorneys’ fees, punitive damages, and statutory treble damages.

Credit default swap participant—Bankruptcy litigation

Represented a credit default swap participant in an adversary action filed by a litigation trustee, which sought the avoidance of certain payments under Sections 544, 547, 548, and 549 of the Bankruptcy Code, in which the United States Bankruptcy Court for the Southern District of New York granted defendants’ motion to dismiss the complaint with prejudice.

Overstock.com—Major Appellate Victory Reversing a $7.3 Million Judgment

Secured an appellate victory on behalf of Overstock.com in the Delaware Supreme Court in a unique case involving Delaware escheat law and a qui tam action. The Court, sitting en banc, unanimously reversed a multi-million dollar false claim judgment entered against Overstock.com.

Airplane manufacturer—Product liability litigation

Represented an airplane manufacturer in a wrongful death action and subsequent appeal, in which the Delaware Supreme Court affirmed the trial court’s decision to grant the manufacturer’s motion for summary judgment based on the statute of repose set forth in the General Aviation Revitalization Act.

Delaware limited liability company—Commercial litigation

Represented a limited liability company and its members in a breach of contract action, in which the U.S. District Court for the District of Delaware granted clients’ motion to dismiss the third party complaint based on a finding that the third party defendants were not managers under Section 109 of the Delaware Limited Liability Company Act.

Semiconductor manufacturer—Product liability litigation

Represented a semiconductor manufacturer in a product liability action and subsequent appeal, in which the Delaware Supreme Court affirmed the trial court’s decision to grant the manufacturer’s motion to dismiss the complaint based on the exclusive remedy provision of the Texas Workers Compensation Act.

Chapter 7 trustee—Bankruptcy litigation

Represented a chapter 7 trustee in a contested matter involving the sale of substantially all of the debtors’ assets, in which the U.S. Court of Appeals for the Third Circuit affirmed the order of the bankruptcy court authorizing the sale of the debtors’ assets free and clear of all claims, liens, and encumbrances pursuant to Section 363 of the Bankruptcy Code.

Fortune 500 company—Escheat litigation

Represented a Fortune 500 company in defense of an enforcement action initiated by the State of Delaware under the Delaware Unclaimed Property Law, in which the Delaware Court of Chancery stayed the state court action in favor of the first-filed federal court action.

Lender—Commercial litigation

Represented the former holder of a mortgage and promissory note in an ancillary matter, in which the Delaware Superior Court granted the client’s petition to compel the Office of the Recorder of Deeds for Kent County, Delaware to mark the mortgage satisfied on the public records of Kent County, Delaware.

Manufacturer—Bankruptcy litigation

Represented a manufacturer in a preference action and subsequent appeal, in which the U.S. District Court for the District of Delaware affirmed the bankruptcy court’s decision to grant the manufacturer’s motion for summary judgment based on an accord and satisfaction defense.

Lender—Commercial litigation

Represented the lender in a breach of contract action, in which the Delaware Superior Court granted the lender’s motion to dismiss the complaint based on the statute of limitations.

Lender—Commercial litigation

Represented the lender in a breach of contract action, in which the Delaware Superior Court granted the lender’s motion for entry of default judgment based on the defendants’ default on a land acquisition loan and commercial guaranty and subsequent failure to comply with Title 10, Section 3901 of the Delaware Code.

Credit default swap participant—Bankruptcy litigation

Represented a credit default swap participant in an adversary action filed by a litigation trustee, which sought the avoidance of certain payments under Sections 544, 547, 548, and 549 of the Bankruptcy Code, in which the United States Bankruptcy Court for the Southern District of New York granted defendants’ motion to dismiss the complaint with prejudice.