Delaware Supreme Court News

Delaware Supreme Court May Have Made It Easier for Some Firms to Leave State

The Delaware Supreme Court on Tuesday issued a decision involving TripAdvisor that could make it easier for some companies to move out of the state, which is the corporate home for about two-thirds of the Fortune 500. In a 5-0 …

Delaware High Court Rescues Insurance Agency’s Malpractice Suit Against Law Firm

Six months after a three-judge panel of the Delaware Supreme Court said an insurance agency deserved another shot at proving its claims of professional negligence against a law firm, the full state high court has agreed. On October 8, the …

Delaware High Court Upholds Blockbuster $267 Million Legal Fee in Dell Lawsuit

Five law firms should receive $267 million in legal fees for obtaining a $1 billion settlement for shareholders of Dell Technologies DELL.N, the Delaware Supreme Court ruled on Wednesday, rejecting arguments that the payment was a windfall. The fee is …

Delaware: Professional Services Exclusion Didn’t Bar False Claims Act Settlement

A mortgage lender accused of violating the False Claims Act by approving government-backed loans that did not meet federal guidelines can seek to recover the $15 million it paid to resolve the allegations from its management liability insurer, the Delaware …

Delaware High Court OKs Lien Against Uninsured Motorist Benefits in Workers’ Compensation Case

The Delaware Supreme Court has broken with its own precedent to rule that a workers’ compensation insurance carrier may assert a lien against benefits an injured employee recovers from other sources. The particular issue before the court was whether an …

Delaware Supreme Court Rules Franchise Law Does Not Ban Tesla Dealership

Delaware’s Supreme Court on Monday overturned a judge’s ruling upholding a decision by state officials to prohibit electric vehicle maker Tesla from selling its cars directly to customers. In a ruling last year, a Superior Court judge determined that Delaware’s …

Lawyer Loses Defamation Claim Against Citizen Who Criticized His Suit Over Mascot

Delaware’s Supreme Court on Tuesday upheld the dismissal of a defamation lawsuit filed by a Delaware attorney who was forced to resign from his law firm after defending a Pennsylvania high school’s American Indian mascot. Scott Cousins, a Pennsylvania resident …

Related Claim Exclusion Doesn’t Require ‘Fundamentally Identical’ Actions in Delaware

The Delaware Supreme Court has ruled that solar panel manufacturer First Solar, which faced two securities class actions, is not entitled to have its insurance policies cover both because the later-issued of its policies excluded coverage for related actions. The …

Insurer Need Not Defend Drug Chain in Opioid Suits Claiming Economic, Not Personal, Injury

In the latest turn in litigation over the opioid crisis, a state’s high court has found an insurer does not need to pay defense costs under a commercial general liability policy for a pharmacy chain facing public nuisance lawsuits. The …

Delaware Court Says Insurance Doesn’t Cover Attacker in School Fight

Delaware’s Supreme Court has overturned a judge’s ruling that an insurance company must extend liability coverage to a teenager who was convicted of criminally negligent homicide after a school bathroom attack that left a 16-year-old girl dead. Wednesday’s ruling reverses …