Category Archives: Delaware Superior Court

DELAWARE’S WAGE PAYMENT AND COLLECTION ACT AND LIMITED LIABILITY COMPANIES: NO PERSONAL LIABILITY FOR MEMBERS

In a case defended by Cooch and Taylor, the Delaware Superior Court recently ruled on the question of a Limited Liability Company (“LLC”) member’s individual liability for alleged LLC wage debts under Delaware’s Wage Payment and Collection Act (“Act”), 19 … Continue reading

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In the Age of Internet and Personal Jurisdiction

Judge LeGrow of the Delaware Superior Court recently addressed an issue facing courts across the nation: Does one submit themselves to personal jurisdiction within a state based simply on statements made over the World Wide Web? In the case at … Continue reading

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DELAWARE SUPREME COURT OPINES ON INSURANCE COMPANY BAD FAITH

Here’s the key takeaway from the Delaware Supreme Court’s opinion affirming the Superior Court’s grant of summary judgment in Enrique v. State Farm: “[Plaintiff] would have us invoke a hindsight presumption that the failure to offer policy limits or seek remittitur … Continue reading

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WARRANTY LANGUAGE MATTERS FOR PURPOSES OF THE STATUTE OF LIMITATIONS

Nobody likes reading warranty language, but as it turns out, that language actually matters.  In LTL Acres L.P. v. Dryvit Systems, Inc., the Delaware Supreme Court overturned a grant of summary judgment in favor of Dryvit Systems, Inc. on statute … Continue reading

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Delaware Supreme Court Says Claims Against Insurer for a Bad Faith Failure to Settle 3rd Party Claims Accrue at Time of Excess Judgment

The Delaware Supreme Court recently addressed an issue of first impression: “When does a claim that an insurer acted in bad faith by failing to settle a third-party insurance claim accrue for purposes of the statute of limitations?”  The Superior … Continue reading

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The Doctrines of Champerty and Maintenance are Alive and Well in Delaware

Charge Injection Technologies (“CIT”) filed suit against E.I. DuPont de Nemours and Co. (“DuPont”) in December 2007, alleging that DuPont wrongfully used and disclosed CIT’s proprietary and confidential technology. Several years into litigation, CIT’s funds began to dry up, and, … Continue reading

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Be Careful What You Sign: Consumer Contracts Matter

The Delaware Supreme Court has held that terms found in contracts between consumers and merchants will be upheld so long as they are unambiguous, not unconscionable, and not against public policy.  While this may seem like a common sense holding, what’s … Continue reading

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Delaware Supreme Court Upholds Multi-Million Dollar Verdict for Cooch and Taylor Client

On Friday, December 4, 2015, the Delaware Supreme Court issued an order affirming the $6,518,000 jury verdict obtained by Cooch and Taylor attorneys Christopher Lee and Blake Bennett on behalf of their client Professional Investigating and Consulting Agency (“PICA”) in … Continue reading

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To Admit or Not to Admit: That is the Question

The Delaware Superior Court recently issued a useful letter opinion addressing the admissibility of out of court statements. Plaintiffs moved in limine, in the case of Rochester v. Reyes, M.D., et al., to determine the admissibility of two key pieces … Continue reading

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Be careful what you wish for: Collateral Estoppel

In a decision dated November 17, 2015, the Delaware Supreme Court affirmed the Superior Court’s dismissal of Plaintiff Charles Crosnan’s declaratory judgment complaint on the basis of collateral estoppel. In short, Mr. Crosnan was performing work on a garage for Apex … Continue reading

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