Supreme Court of Delaware

Sherman v. Ellis

February 11, 2021

Summary

The Court held that traditional but-for causation governs a transactional legal-negligence claim and rejected an increased-risk-of-harm standard. It nevertheless reversed summary judgment because the evidence, viewed favorably to Sherman, created a genuine factual question whether his fiancée would have signed the premarital agreement if the omitted disclosure waiver had been included. The Court remanded for further proceedings.