Category Archives: Delaware Supreme Court

Charging Liens: The Type of Fee Agreement Matters

On appeal from the Court of Chancery, the Delaware Supreme Court addressed whether and to what extent a charging lien may be imposed on a judgment to recover unpaid attorney’s fees. In the case at bar, Katten Muchin Rosenman LLP … 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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Delaware Supreme Court Answers Certified Question Distinguishing Direct and Derivative Claims

The Delaware Supreme Court recently answered the following certified question from the United States Court of Appeals for the Eleventh Circuit, in the matter of Culverhouse v. Paulson & Co.: “Does the diminution in the value of a limited liability … 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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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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Unambiguous Commercial Auto Policy Provisions Upheld

In a rather tragic case, the Delaware Supreme Court has upheld the Superior Court’s order granting Federated Insurance Company’s motion for summary judgment on the grounds that the provisions in a commercial auto policy excluding the plaintiff’s decedent from receiving … Continue reading

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Of Oxen and Militiamen – Delaware Courts’ Seal

Whether you are sitting  anxiously awaiting a jury decision or just happen to have shown up early to a routine motion day, anyone who litigates in Delaware has spent a great deal of time making small talk in the courtroom.  … Continue reading

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