Supreme Court of Delaware

Chilaka v. Emory Hill & Co.

October 23, 2023

Summary

The Supreme Court of Delaware affirmed dismissal of Chilaka’s action because he failed to file exceptions to the Magistrate’s final reports and, independently, sought to relitigate factual issues already resolved in the prior litigation. The Court also held that Emory Hill’s challenge to the denial of attorney-fee shifting was procedurally barred because Emory Hill likewise filed no exceptions. The Court found no abuse of discretion in declining to shift fees, while cautioning that further proceedings could result in fee shifting.