Supreme Court of Delaware
Williams v. Toll Brothers Builders
July 28, 2021
Summary
The Court affirmed dismissal of Williams’s Superior Court action because claim preclusion barred his construction-defect claims after the Court of Common Pleas had dismissed an earlier action involving the same dispute on the ground that it was subject to binding arbitration. Williams did not appeal that judgment or pursue arbitration, and a later challenge to the arbitration ruling could not avoid its preclusive effect. The Court also criticized defense counsel’s failure to disclose controlling adverse authority, although it declined to decide whether that omission independently warranted relief.