Delaware Supreme Court News

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 …

Delaware Loses Bid for High Court Review of Opioid Suit Ruling

A judge who dismissed Walgreens as a defendant in Delaware’s lawsuit against the drug industry over the opioid crisis has denied the government’s request to certify an appeal to Delaware’s Supreme Court. Wednesday’s ruling follows the judge’s denial in September …

Retiring Delaware Justice Strine Was Influential in Shareholder Cases

Chief Justice of the Delaware Supreme Court Leo Strine will retire in the next few months, Governor John Carney announced on Monday, a leadership change in the court system that decides disputes for more than two-thirds of Fortune 500 companies. …

Delaware Supreme Court Rejects Untimely Appeal in Air Crash Lawsuit

Delaware’s Supreme Court has rejected an appeal in a lawsuit stemming from a 2012 airplane crash in the Congo that claimed the life of the chief adviser to that country’s president and left his finance minister seriously injured. The companies …