Supreme Court of Delaware

Jackson v. the Dow Chemical Co.

February 8, 2016

Summary

The Supreme Court of Delaware affirmed dismissal of the complaint and denial of the appellant’s post-dismissal motion to amend or modify the judgment. It held that materials attached to the complaint did not convert the motions to dismiss into motions for summary judgment, that the appellant had not shown Delaware and Pennsylvania res judicata law would produce different results, and that amendment would be futile because res judicata would still require dismissal.