Court Denies Certification of Interlocutory Appeals on Personal Jurisdictional Grounds in Two Delaware Cases

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, the court went on to state “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 exceptional. And so the Court must refuse to certify this interlocutory appeal.”

Read the first decision here.

Read the second decision here.