Cepec v. Advance Auto Parts, Inc. – Order Refusing to Certify an Interlocutory Appeal (Update: Delaware Supreme Court Accepts Interlocutory Appeal)

On September 24, 2015, Judge Wallace of the Delaware Superior Court denied defendant Genuine Parts Company’s application under Rule 42 of the Supreme Court for an order certifying an appeal from the interlocutory order of the Superior Court in the above captioned asbestos injury case.

Genuine Parts Company (“GPC”) originally moved to dismiss the Plaintiffs’ claims against it for lack of personal jurisdiction pursuant to Daimler AG v. Bauman.  The Court denied that motion and GPC applied to certify the Court’s denial to the Delaware Supreme Court on the grounds that GPC is not subject to specific or general jurisdiction in Delaware.

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Judge Wallace held that the Delaware Supreme Court has “repeatedly held that a denial of a motion to dismiss for lack of personal jurisdiction does not…determine a substantial issue,” and thus, the “substantial issue” prong of Rule 42 was not met.  The Court continued, finding that certification would not promote the efficient and just schedule to resolve this case, “nor will the likely benefits of interlocutory review outweigh the probable costs, such that interlocutory review is in the interests of justice.”

The Court concluded, “Interlocutory appeals should be exceptional, not routine, because they disrupt the normal procession of litigation, cause delay, and can threaten to exhaust scarce party and judicial resources.  This case is not an exception.  And so the Court must refuse this interlocutory appeal.”

Chris Lee

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