Supreme Court of Delaware

Clouser v. Doherty

November 14, 2019

Summary

The Court affirmed summary judgment for the state defendants because sovereign immunity barred Clouser’s claims. It also held that the Superior Court did not commit reversible error by failing to separately rule on the discovery motion, denying leave to amend, or refusing to strike the late-filed answer and enter default judgment. The Court concluded that the proposed amendments attempted to reframe existing claims and that Clouser showed no prejudice from the delayed answer.