Supreme Court of Delaware

Backyard Works Inc. v. Parisi

November 16, 2023

Summary

The Supreme Court affirmed the judgment awarding Parisi a commission, liquidated damages, attorney's fees, and costs. It held that the Superior Court properly considered the liquidated-damages claim because the complaint and pretrial materials provided notice, properly deferred ruling on the Rule 41(b) motion, and properly denied the motion to alter judgment. The Court also upheld the rejection of additional commission claims because Parisi did not prove customer payment or damages with reasonable certainty.