Supreme Court of Delaware
Clouser v. Doherty
September 7, 2017
Summary
The Supreme Court of Delaware affirmed dismissal of the conspiracy claims, the claims against Lowery, and all claims against the School Defendants, but reversed dismissal of the defamation and tortious-interference claims against Barton and the DDOE. The court held that sovereign immunity could not be resolved at the pleading stage by requiring Clouser to plead insurance coverage, and that his allegations of undiscovered statements, bad faith, and interference were sufficient to survive dismissal. The court remanded for limited discovery concerning insurance coverage and the challenged disclosures.