Supreme Court of Delaware

Powell v. Amguard Insurance Co.

April 20, 2020

Summary

The Court denied the motion to dismiss the interlocutory appeal because Delaware had eliminated motions to dismiss appeals, but granted the alternative motion to strike the improperly included certification application. The Court then refused interlocutory review because the application did not address the certification criteria and the case was not exceptional, with the potential benefits outweighed by the costs and disruption. The cross-appeal was deemed moot.