Both parties concede that the liability of the City will be limited to the City's insurance coverage under 18 Del. C. Β§ 6511. See also Pauley v. Reinoehl, 848 A.2d 561 (Del. 2003). NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.
"A vacated decision has no force and effect," and requires no further analysis. Pauley ex rel Pauley v. Reinoehl, 848 A.2d 561, 566 (Del. 2003), opinion partially vacated on reargument, 848 A.2d 569 (Del. 2004); see Klaassen v. Allegro Dev. Corp., 2013 WL 5967028, at *10 (Del. Ch. Nov. 7, 2013) ("Ironically, the Pauley opinion was itself partially vacated on reargument, but not with respect to its holding on vacatur.").
See Tyson Foods, Inc. v. Aetos Corp., 818 A.2d 145, 148 (Del. 2003) (noting that "the vacatur standard set forth in Stearn is drawn entirely from federal precedent" and that the federal vacatur standard is in "harmony with Delaware's standard"). Consistent with the Supreme Court's statement in Koch that the Court of Chancery decision there would have no further precedential effect, the Supreme Court more recently explained that "[v]acating a judgment annuls the judgment and, to the extent indicated, invalidates the ruling that supports the judgment" and that "[a] vacated decision has no force and effect." Pauley ex rel. Pauley v. Reinoehl, 848 A.2d 561, 566 (Del. 2003). Ironically, the Pauley opinion was itself partially vacated on reargument, but not with respect to its holding on vacatur.
Carter v. McLaughlin, 2000 Del. Lexis 162 (" Carter I"), vacated, 758 A.2d 933 (Del. 2000) (" Carter II").Pauley v. Reinoehl, 848 A.2d 561 (Del. 2003) (" Pauley I"); Pauley V. Reinoehl, 848 A.2d 569 (Del. 2004) (" Pauley II").See Def. Mot. J. as a Matter of Law. Ex. E. See also Letter from Daniel Griffith, Esquire to the Hon. Charles Toliver, IV, Attach. Bell Aff. ΒΆ 5, May 20, 2005.
" (emphasis added). 848 A.2d 561 (2003).Doe v. Cates, 499 A.2d 1175, 1182 (Del.Supr.