After receiving the Juris Doctor is degree from University of Pennsylvania Law School in 1974, Douglas Shachtman has practiced law in Delaware. Admitted to practice before the Delaware Supreme Court, the Third Circuit Court of Appeals and the United States District Court of Delaware (as well as other courts occasionally on a case-by-case basis). The Shachtman Law Firm represents clients from throughout the United States and Canada in various business, commercial, construction, consumer and property disputes. We cooperate with referring counsel to act as lead counsel or local counsel.
Repossession: We are responsible for the overwhelming majority of Delaware decisions interpreting the rights and obligations of repossessing creditors and consumers under Article 9 of the UCC. This includes the 1980 seminal Supreme Court decision of Wilmington Trust Company v. Conner (issue of notice) and the 2009 Supreme Court decision of Hicklin v. Onyx Acceptance (what constitutes a commercially reasonable sale). Construction. 2007 decision imposing mechanics lien and $45,000 of attorneys fees for bad faith litigation by landowner. 2006 decision in favor of homeowner against contractor for complete refund and punitive damages for fraud.
Consumer. 1975 Holding that finance companies could not attach wages in Delaware, although banks could (legislature later enacted new law). 1980 Supreme Court decision holding that where repossessing creditor gave improper notice, creditor was barred from collecting any deficiency and consumer was entitled to statutory damages. 1986 Supreme Court opinion that repossessing creditor's notice had to be written. 2009 Supreme Court decision setting forth standards for "commercially reasonable" sale of repossessed collateral. 2006 defense of mortgage foreclosure. [search Westlaw or Lexis for numerous other decisions]
Nuisance/Easement. 2008 Chancery decision as to components of nuisance by adjoining landowners. 2005 Chancery decision of right of industrial landowner to use easement.
Constitutional law: Garageman lien statute declared unconstitutional (legislature later enacted new law correcting defects). Procedure of state in entering child support orders without due process declared unconstitutional. 1980 challenge to constitutionality of portion of landlord tenant code (settled).
Escheat: We were co-counsel in the 2009 Supreme Court en banc decision of AW Financial v. Empire (claim against corporation for wrongfully surrendering shares to state). Responded to issues referred by SDNY.
The Shachtman Law Firm represents large and small businesses as well as individuals in various business, commercial, construction, mechanics lien, consumer, landlord tenant and property disputes. Representation include all sides to a transaction: lenders/borrowers; Car dealers/buyers; contractors/suppliers; manufacturers/homeowners; landlords/tenants; real estate sale buyers/sellers (disputes, not closings); unemployment employers/employees. Challenges and defenses of wills.
We believe in aggressive representation, blended with advice to clients on the costs/benefits of actions and the advantages and disadvantages of settlement and alternative dispute resolutions (mediation, arbitration).
We use specialized litigation software to thoroughly organize facts, documents, information regarding parties, witnesses, and events. We also use electronic legal research to develop legal positions and challenge those of opponents.
We seek to provide clients with our substantial experience and thorough preparation and guidance to succeed in resolving their legal concern.
We have extensive experience in commercial, construction, mechanics lien, consumer, landlord tenant and property disputes. Representation include all sides to a transaction: lenders/borrowers; Car dealers/buyers; contractors/suppliers; manufacturers/homeowners; landlords/tenants; real estate sale buyers/sellers (disputes, not closings); unemployment employers/employees. Challenges and defenses of wills.
We were also co-counsel in the 2009 Supreme Court decision establishing the law as to escheat.
Specific Areas of Practice for our Wilmington office:
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