Category Archives: Delaware

Court Denies Certification of Interlocutory Appeals on Personal Jurisdictional Grounds in Two Delaware Cases Superior Court of Delaware, New Castle, September 24, 2015

In these two cases from Delaware, the defendants’ motions to dismiss based on personal jurisdiction were denied. Defendants subsequently sought certification of their interlocutory appeals pursuant to Del. Sup. Ct. 42. The court denied defendants’ applications in both cases, pointing to the “substantial issue of material importance” prong of the Rule 42 requirements.  The court stated that the Delaware Supreme Court has repeatedly held that denial of a motion to dismiss for lack of personal jurisdiction does not determine a “substantial issue.” In both cases,…

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Court Applies Delaware’s Borrowing Statute in Granting Defendants’ Summary Judgment on Statute of Limitations Superior Court of Delaware, New Castle, September 1, 2015

In this case, the plaintiff alleged that his lung cancer was caused by exposure to several defendants’ asbestos-containing products while he was working in Michigan. The plaintiff and his wife filed their claim in Delaware and all defendants moved for summary judgment, arguing that the action was untimely under the Delaware statute of limitations, which they claimed applied pursuant to Delaware’s “Borrowing Statute,”10 Del. C. 8121. The court agreed and granted defendants’ motions for summary judgment. The court pointed out that the parties had agreed…

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