Supreme Court of Delaware

Phillips and Wicks' End, Inc. v.

October 7, 2014

Summary

The Supreme Court of Delaware affirmed the Superior Court’s exclusion of the defendants’ legal-malpractice expert, summary judgment on the malpractice counterclaim and fee-related breach-of-contract claim, and refusal to extend fact discovery. The court held that the expert was not qualified to establish Delaware’s professional standard of care, that the defendants therefore could not make a prima facie malpractice case, that the engagement letter controlled the fee dispute, and that the discovery ruling was not an abuse of discretion.