Supreme Court of Delaware
Clouser v. Doherty
September 8, 2017
Summary
The Supreme Court 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 on the pleadings by requiring Clouser to plead insurance coverage, and that his allegations of delayed discovery, bad faith, and false information were sufficient at the motion-to-dismiss stage for the surviving claims. The court remanded for limited discovery concerning insurance coverage and the surviving claims, without retaining jurisdiction.