Jeffrey B. Cohen, and Idg Companies, LLC., Non-Parties Below v. State of Delaware, Ex. rel. the Honorable Karen…

Summary

The Supreme Court of Delaware affirmed the Court of Chancery's seizure, sanctions, rehearing, and rehabilitation-related orders, holding that neither Cohen nor RB Entertainment was denied procedural due process. The court applied a balancing test that weighed the parties' asserted property interests and the risk of error against the Commissioner's need to act quickly to protect policyholders and creditors. It concluded that Cohen received adequate notice and opportunities to be heard, while RB Entertainment had later opportunities to object to specific rehabilitation-plan provisions. No separate opinions were filed.