Delaware Superior Court Notes Growing Antipathy Toward Certain Pendant Claims in Contract Disputes

Delaware Superior Court Notes Growing Antipathy Toward Certain Pendant Claims in Contract Disputes

“No doubt, Delaware’s trial courts have shown growing antipathy toward both bootstrapped and needlessly duplicative claims in what are otherwise straightforward breach of contract cases … [T]he Court might rightly dismiss as completely duplicative or otherwise needless a pendant claim in favor of the well-pleaded breach-of-contract count. Doing so … keeps fidelity to Delaware’s pro-contractarian ethos.” Outbox Systems, Inc. v. Trimble Inc., C.A. No. N21C-11-123 PRW CCLD, memo. op. at *22-23 (Del. Super. Ct. Aug. 24, 2022) (Wallace, J.) (compiling cases).

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  • Defenses (Chapter 10)
  • Delaware Courts and Procedure (Chapter 11)
  • Breach of Contract (Chapter 12)
  • Contract-Related Claims, including selected business torts (Chapter 13)
  • Damages (Chapter 14)
  • Non-Damages Remedies (Chapter 15)
  • Supplementary Relief (Chapter 16)

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