October 21, 2015

FW&K Team Successfully Petitions Delaware Supreme Court to Accept Interlocutory Appeal

Nick Giallourakis, Joshua Metcalf, and Daniel Roberts, along with Delaware local counsel, successfully petitioned the Delaware Supreme Court to accept an interlocutory appeal on the issue of whether a company that registers to do business in Delaware but has almost no other contact with the state is subject to general personal jurisdiction there. The appeal challenges established Delaware Supreme Court precedent and asks the Delaware Supreme Court to overrule its decision in Sternberg v. O’Neil and follow the U.S. Supreme Court’s decision in Daimler AG v. Bauman. This appeal presents an important opportunity to reign in the unlimited exercise of personal jurisdiction in Delaware, and a positive decision from the Delaware Supreme Court can have a persuasive impact on this key issue in other jurisdictions.