Blue Hen Mechanical, Inc., Plaintiff Below/appellant v. Christian Brothers Risk Pooling Trust A/s/o Little Sisters…

Summary

The Court affirmed summary judgment for the Little Sisters of the Poor on Blue Hen's malicious-prosecution claim. It declined to extend Delaware's narrow malicious-prosecution tort to cover continuation of a lawsuit that was properly initiated, emphasizing that trial courts already can address bad-faith litigation through fee shifting and sanctions. The Court also held that the record could not support a finding of actual malice, and Blue Hen waived its abuse-of-process argument by failing to brief it.