James E. Sheehan, Below v. Oblates of St. Francis De Sales Oblates of St. Francis De Sales, Incorporated, a Delaware…

Summary

The Supreme Court of Delaware reversed the judgment for the institutional defendants and remanded for a new trial. It held that the trial judge improperly excluded the plaintiff's general-causation expert without adequately balancing probative value against prejudice, and incorrectly ruled that the Child Victim's Act did not revive intentional-tort claims. The court otherwise upheld the verdict-form ruling, the use of the criminal code in effect when the abuse occurred, and the Act's constitutionality. No separate opinions were filed.