Delaware Superior Court Refuses to Certify Personal Jurisdiction Interlocutory Appeals
October 2, 2015
In two separate asbestos related actions, the Delaware Superior Court refused to certify interlocutory appeals of defendants’ motions to dismiss for lack of personal jurisdiction. Defendants argued that the trial judge failed to follow the U.S. Supreme Court’s decision in Daimler AG v. Bauman and that an interlocutory appeal would be the most efficient way to resolve the action. The trial judge, however, concluded that Defendants failed to meet the standard for certifying an interlocutory appeal for several reasons. First, the trial judge concluded that motions to dismiss for lack of personal jurisdiction do not determine “substantial issues” as required by Supreme Court Rule 42. Second, the trial judge concluded that it merely applied well settled Delaware law. Finally, the trial judge concluded that it would be inefficient, in these multi-defendant cases, to allow the “lion’s share of the case [to] languish…awaiting disposition.” Orders available at here(link is external) and here
WHY CHOOSE US?
For experienced legal representation, personalized attention, and a steadfast commitment to protecting your rights and best interests. Don't leave your legal matters to chance—contact Cooch and Taylor today and take the first step toward the trusted legal guidance and peace of mind you deserve!
Expertise
Benefit from our extensive legal knowledge and experience.
Personalized Service
Receive tailored legal advice and representation.
Proven Results
Trust our history of successful case outcomes.
Comprehensive Support
From consultation to courtroom, we've got you covered.