Delaware Business Litigation Report

CCLD Explains The Borrowing Statute And Duplicative Claim Preclusion

Furnari v. Wallpang Inc.,  C.A. 13C-04-287 JRJ CCLD (Del. Super. April 16, 2014)

Delaware has a statue that requires a court to "borrow" the statue of limitations of another jurisdiction when a plaintiff seeks to avoid a limitations problem elsewhere by suing in Delaware. This decision explains when that statute will apply.  The decision is also helpful in explaining when duplicative claims cannot be brought. That usually is the case when a plaintiff tries to expand a breach of contract action into a tort claim, for example.

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