Delaware Supreme Court
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Delaware court revives opioid lawsuit against AmerisourceBergen directors
DOVER, Del. (Legal Newsline) - Delaware’s highest court revived a derivative lawsuit against the officers and directors of AmerisourceBergen, saying there was plenty of evidence to support a claim they either fostered “a culture of non-compliance” or ignored “a tidal wave of red flags” suggesting it was distributing millions of suspicious orders for opioid pills. -
Want money? Better be injured, Delaware court says in toxic tort class action
WILMINGTON, Del. (Legal Newsline) - Delaware law doesn't allow people who think they will become sick to sue before it happens, the state's highest court has ruled. -
Public nuisance ruling: Delaware can sue Monsanto over PCBs
WILMINGTON, Del. (Legal Newsline) - Delaware can sue Bayer AG unit Monsanto for contributing to PCB pollution, the state’s highest court ruled, reversing a lower-court decision holding the manufacturer of a product couldn’t be held liable for public nuisance. -
Delaware ruling is bad news for asbestos defendant
DOVER, Del. (Legal Newsline) -The Delaware Supreme Court revived a woman’s lawsuit against the company that made a grinding device her late husband said he used decades before he was diagnosed with asbestos-related cancer, saying there was enough evidence for it to proceed. -
Opioid plaintiffs suing Rite Aid can't count on insurance money
DOVER, Del. (Legal Newsline) - Insurance companies don’t have to cover defense costs for Rite Aid against opioid lawsuits by governments seeking economic damages, Delaware’s highest court ruled, rejecting one major source of funding that plaintiffs and defendants alike were counting upon to pay out multibillion-dollar settlements. -
Delaware Supreme Court breathes new life into fight over Biden documents
DOVER, Del. (Legal Newsline) - The Delaware Supreme Court gave two conservative watchdog groups another chance at gaining access to a trove of documents detailing President Joseph Biden’s 36-year career in the U.S. Senate, ruling state officials improperly denied a Freedom of Information Act Request. -
Bad advice on colonoscopies not 'continuous negligent medical treatment,' Delaware court finds
DOVER, Del. (Legal Newsline) – Health care providers can argue a lawsuit over a man’s death from colon cancer was filed too late, as the Delaware Supreme Court has rejected arguments that their once-every-five-years advice on colonoscopies was continuing medical negligence. -
Attorneys for foreign banana workers waited too long to make move, Delaware Supreme Court rules
DOVER, Del. (Legal Newsline) – Banana plantation workers who tried to sue in Delaware – despite working in Costa Rica, Ecuador and Panama – have again been told they cannot do so. -
Delays cost widow her asbestos lawsuit; Dissenting justices say unfairness is 'substantial'
WILMINGTON, Del. (Legal Newsline) - The Delaware Supreme Court has affirmed a lower court’s decision to dismiss a widow's asbestos exposure lawsuit. -
Supreme Court of Delaware irons out key questions over dissolution of partnership
WILMINGTON, Del. (Legal Newsline) – The Supreme Court of Delaware has answered a handful of questions arising from a partnership dispute in federal court. -
Law firm successfully defends self from lawsuit over $67M mistake, but plaintiff still pushing
DOVER, Del. (Legal Newsline) - Texas-based software company ISN Software Corporation has twice in two years failed to convince Delaware courts that the toll on legal malpractice lawsuit over bad advice that cost the company $67 million should begin when it found out about the cost. -
Delaware agencies dismissed from lawsuit over new Public Service Commission rules
GEORGETOWN, Del. (Legal Newsline) — Two state agencies have been dismissed from a lawsuit that argued that rules created by the Delaware Public Service Commission (PSC) were unlawful. -
Delaware Supreme Court deciding case of law firm's alleged $66 million mistake
DOVER, Del. (Legal Newsline) - Delaware's full Supreme Court has heard oral arguments in a dispute between a software company and a law firm accused of delivering wrong advice that caused the firm to overpay by $66 million in a share buy-back - with a notable disagreement occurring between one justice and the law firm's attorney. -
Delaware high court tosses Uber stockholder's complaint over Ottomotto acquisition
WILMINGTON, Del. (Legal Newsline) – Delaware's high court has affirmed the dismissal of a lawsuit filed by an Uber stockholder and former employee over the ride-hailing company's acquisition of Ottomotto LLC. -
Delaware high court rejects appeal in indemnity dispute over wrongful death case
WILMINGTON, Del. (Legal Newsline) – An indemnity dispute between a contractor and its subcontractor was dismissed amid both of their settlement agreements with plaintiffs who first named them as co-defendants. -
New trial or reduced verdict in play for Ford in $40 million asbestos case
WILMINGTON, Del. (Legal Newsline) – The Supreme Court of Delaware has ruled that Ford Motor Co.'s appeal that a $40.6 million ruling in an asbestos case was excessive has merit and has remanded the case back to a lower court for a new trial or remittitur. -
Settlement precludes Delaware medical malpractice lawsuit, Supreme Court rules
DOVER, Del. (Legal Newsline) – Christiana Care Health Services Inc. was released from any liability when the woman suing it over allegations of medical negligence signed on to a settlement agreement, the Supreme Court of Delaware ruled on Dec. 2. -
Full Delaware Supreme Court to hear $66M legal malpractice claim against prominent law firm
WILMINGTON (Legal Newsline) – Oral arguments in a case involving arguments that a law firm issued bad advice that cost a company nearly $66 million will be heard by a full Delaware Supreme Court in early December. -
CVS, accused of hiding unused gift cards from Delaware, wins false claims lawsuit
WILMINGTON, Del. (Legal Newsline) - CVS Health Corporation and other companies were granted their motion to dismiss after being accused of cheating Delaware out of unredeemed gift cards. -
Delaware Supreme Court rejects Ohio man's cumulative exposure theory in asbestos case
WILMINGTON, Del. (Legal Newsline) – The Supreme Court of Delaware has upheld a Superior Court's decision that an Ohio man suing Ford Motor Co., Goodyear and others over his alleged exposure to asbestos must offer expert medical evidence that attributed his exposure to his contracting mesothelioma.