Delaware Business Litigation Report

Court Of Chancery Explains How To Decide Whether A Claim Is Time-Barred By Statute or By Laches

Kraft v. WisdomTree Investments Inc., C.A. 10816-CB (August 3, 2016)

There is often some confusion over how the Court of Chancery will determine when a plaintiff has filed its action too late.  A statute of limitations may apply directly or the doctrine of laches may apply and then apply the same statute by analogy.  Through a careful historical analysis, the Chancellor explains how to decide, while also noting some tension in the case law.  The answer, whether statute or laches, controls what arguments are available to the dilatory plaintiff.

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