Delaware Supreme Court agrees to hear interlocutory appeal, despite Superior Court’s decision not to certify personal jurisdiction appeal
October 26, 2015
Blake A. Bennett
The Delaware Supreme Court has accepted an interlocutory appeal of the Delaware Superior Court’s denial of Defendant Genuine Parts Company’s (“GPC”) motion to dismiss for lack of personal jurisdiction. GPC argued that the Court lacked personal jurisdiction, under the United States Supreme Court’s recent holding in Daimler AG v. Bauman. In denying GPC’s request for the Superior Court to certify an interlocutory appeal, the Superior Court concluded that it had merely applied well settled Delaware law and did not need to look to the Bauman decision. The Delaware Supreme Court, however, concluded that: “this interlocutory appeal raises an important issue regarding the application of the law of personal jurisdiction in a situation this Court has not addressed on a prior occasion. Settling this issue now may save the parties substantial resources.” GPC’s opening brief is due November 12, 2015.
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