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Stewart v. Wilmington Trust SP Servs., Inc.

Supreme Court of Delaware.
Nov 2, 2015
126 A.3d 1115 (Del. 2015)

Summary

finding "unusual or extraordinary circumstances" overcame a presumptive time-bar only after, "[u]nlike a situation in which a plaintiff is injured and then merely waits for years to file her action, the circumstances of this case arguably required" development of a liquidation action before pursuing the claims at bar

Summary of this case from Skye Mineral Inv'rs v. DXS Capital (U.S.) Ltd.

Opinion

No. 204, 2015

11-02-2015

The Honorable Karen Weldin Stewart, CIR–ML, Insurance Commissioner of the State of Delaware, in Her Capacity as the Receiver of Security Pacific Insurance Company, Inc. in Liquidation, SPI–202, Inc. in Liquidation, SPI–203, Inc. in Liquidation, and SPI–204, Inc. in Liquidation, Plaintiff Below–Appellant, v. Wilmington Trust SP Services, Inc.; Johnson Lambert & Co., LLP; Johnson Lambert, LLP; McSoley McCoy & Co.; and Stephen D. Kantner, Defendants Below–Appellees.


AFFIRMED.


Summaries of

Stewart v. Wilmington Trust SP Servs., Inc.

Supreme Court of Delaware.
Nov 2, 2015
126 A.3d 1115 (Del. 2015)

finding "unusual or extraordinary circumstances" overcame a presumptive time-bar only after, "[u]nlike a situation in which a plaintiff is injured and then merely waits for years to file her action, the circumstances of this case arguably required" development of a liquidation action before pursuing the claims at bar

Summary of this case from Skye Mineral Inv'rs v. DXS Capital (U.S.) Ltd.

discussing the beneficial impact of synchronizing laws of "sister states, such as New York, whose laws are often involved in situations involving Delaware corporations"

Summary of this case from SIGA Techs., Inc. v. Pharmathene, Inc.

noting that the "defense of laches is not ordinarily well-suited for treatment on a Rule 12(b) motion"

Summary of this case from Soo Hyun Kim v. Coupang, LLC

noting that the "defense of laches is not ordinarily well-suited for treatment on a Rule 12(b) motion."

Summary of this case from Winklevoss Capital Fund, LLC v. Shaw
Case details for

Stewart v. Wilmington Trust SP Servs., Inc.

Case Details

Full title:The Honorable Karen Weldin Stewart, CIR–ML, Insurance Commissioner of the…

Court:Supreme Court of Delaware.

Date published: Nov 2, 2015

Citations

126 A.3d 1115 (Del. 2015)

Citing Cases

Winklevoss Capital Fund, LLC v. Shaw

See, e.g., Stewart v. Wilm. Trust SP Servs., Inc., 112 A.3d 271, 295 (Del. Ch.), aff'd, 126 A.3d 1115 (Del.…

Zohar III Ltd. v. Stila Styles, LLC

PTO ¶ 74. Tr. 337:11-24 (Katzenstein); see also Stewart v. Wilm. Tr. SP Servs., Inc., 112 A.3d 271, 295 (Del.…