Supreme Court of Delaware

Employers Insurance Company of Wasau v. First State Orthopaedics, P.A.

January 8, 2024

Summary

The Court held that First State Orthopaedics lacked standing when it filed its declaratory-judgment action because Liberty had discontinued the challenged billing code six months before suit and FSO could not show an actual or imminent injury. The Court distinguished standing from mootness and concluded that prospective declaratory relief could not redress injuries from previously issued, uncorrected claim denials. The Court therefore reversed the Superior Court's summary judgment ruling without reaching the parties' remaining arguments.