Coleman v. Pricewaterhousecoopers

84 Citing cases

  1. Lehman Bros. Holdings, Inc. v. Kee

    No. 415 (Del. Dec. 6, 2021)   Cited 18 times
    Affirming this Court's dismissal of a declaratory judgment claim because it was "completely duplicative" of the complaint's affirmative contract-based counts

    "Outside of these exceptions, the statute of limitations continues to run even if the claimant is unaware of the facts supporting a cause of action."Wal-Mart, 860 A.2d at 319 (citing Coleman v. PricewaterhouseCoopers, LLC, 854 A.2d 838, 842-43 (Del. 2004); Layton v. Allen, 246 A.2d 794 (Del. 1968)).Wal-Mart, 860 A.2d at 319 (quoting Coleman, 854 A.2d at 842).

  2. Ocimum Biosolutions (India) Ltd. v. AstraZeneca UK Ltd.

    C.A. No. N15C-08-168 AML CCLD (Del. Super. Ct. Dec. 4, 2019)   Cited 17 times

    Ch. Dec. 1, 2009) (same for unjust enrichment). Coleman v. PricewaterhouseCoopers, LLC, 854 A.2d 838, 842 (Del. 2004). Id. (citing Isaacson, Stolper & Co. v. Artisans' Sav. Bank, 330 A.2d 130, 132-33 (Del. 1974)).

  3. Saunders v. Lightwave Logic, Inc.

    C. A. N23C-05-120 PRW CCLD (Del. Super. Ct. Oct. 17, 2024)

    1SN Software Corp. v. Richards, Layton & Finger, P.A., 226 A.3d 727, 732 (Del. 2020); see also Nat'l Iranian Oil Co. v. Mapco Int'l Inc., 983 F.2d 485, 493 (3d Cir. 1992) (observing that a statute of limitations also protects the court by relieving it of the burden of adjudicating a stale claim where a plaintiff has delayed asserting his rights). Coleman v. Pricewater house Coopers, LLC, 854 A.2d 838, 842 (Del. 2004). Mastellone v. Argo Oil Corp., 82 A.2d 379, 383 (Del. 1951).

  4. Wilhelm v. Marston

    C.A. No. 12C-06-015 DCS (Del. Super. Ct. Nov. 20, 2013)   Cited 1 times

    Super. Ct. Civ. R. 56(c); Burkhart v. Davies, 602 A.2d 56, 59 (Del. 1991). Coleman v. Pricewaterhousecoopers, LLC, 854 A.2d 838, 842 (Del. 2004). Machulski v. Boudart, 2007 WL 315357, *1 (Del. Super. Jan. 31, 2007) (denying summary judgment on the basis that a factual dispute precluded a conclusion that the attorney's alleged malpractice was inherently unknowable until a later time) (citing Ebersole v. Lowengrub, 180 A.2d 467, 470 (Del. 1962)).

  5. Personalized User Model, LLP v. Google Inc.

    797 F.3d 1341 (Fed. Cir. 2015)   Cited 4 times   1 Legal Analyses
    Holding that the Federal Circuit lacked jurisdiction to review a district court's claim construction that did not affect the merits of the infringement controversy between the two parties in the appeal

    Isaacson, Stolper & Co. v. Artisans' Sav. Bank, 330 A.2d 130, 133–34 (Del.1974). The discovery rule in Delaware provides that the statute of limitations period is tolled while “the injury is inherently unknowable” and “the claimant is blamelessly ignorant of the wrongful act and the injury complained of.” Coleman v. PricewaterhouseCoopers, LLC, 854 A.2d 838, 842 (Del.2004). Even if an injury is inherently unknowable, the discovery rule does not toll the limitations period unless the claimant is blamelessly ignorant.

  6. Envolve Pharm. Sols. v. Rite Aid Headquarters Corp.

    C. A. N19C-12-214 PRW CCLD (Del. Super. Ct. Mar. 17, 2023)   Cited 2 times

    Intermec IP Corp., 2021 WL 3620435, at *21 (citation omitted). Coleman v. Pricewaterhousecoopers, LLC, 854 A.2d 838, 842 (Del. 2004) (citation omitted). Rite Aid, as the movant, must prove the evidence supports the conclusion that the limitations period has lapsed.

  7. Hillblom v. Wilmington Tr. Co.

    C. A. 2021-1034-MTZ (Del. Ch. Dec. 6, 2022)   Cited 3 times
    Denying a motion to amend without prejudice because "Court of Chancery Rule 15 does not permit a plaintiff to amend his complaint after he filed his answering brief but before the motion to dismiss is decided"

    Id.Id. (quoting Coleman v. PricewaterhouseCoopers, LLC, 854 A.2d 838, 842 (Del. 2004)).

  8. Rogers v. Bushey

    C.A. No. S17C-02-020 RRC (Del. Super. Ct. Feb. 7, 2018)   Cited 6 times

    tolling is not at issue here, except possibly as to Count I, where it could be argued that the statute began to run upon the discovery of facts "constituting the basis of the cause of action or the existence of facts sufficient to put a person of ordinary intelligence and prudence on inquiry which, if pursued, would lead to the discovery" of such facts. Def.s' Supplemental Resp. at 5 (quoting Coleman v. Pricewaterhousecoopers, LLC, 854 A.2d 838, 842 (Del. 2004)) (emphasis added). However, at oral argument on October 18, 2017, Plaintiff conceded that tolling, in fact, did not apply to any of his claims.

  9. Island Farm v. Master Sidlow Assoc.

    C.A. No. 06C-03-206 PLA (Del. Super. Ct. Sep. 20, 2007)   Cited 4 times

    Wal-Mart Stores, Inc., 860 A.2d at 319.Id. (citing Coleman v. Pricewaterhousecoopers, LLC, 854 A.2d 838, 842 (Del. 2004)).Began v. Dixon, 547 A.2d 620, 623 (Del.Super.Ct. 1988).

  10. Ocimum Biosolutions (Ind.) Ltd. v. LG Chem. Ltd

    C. A. 19-2227 (JHS) (D. Del. Sep. 30, 2024)

    Delaware law recognizes three tolling doctrines which operate to pause the statute of limitations' clock until a plaintiff discovers “facts constituting the basis of the cause of action or the existence of facts sufficient to put a person of ordinary intelligence and prudence on inquiry which, if pursued, would lead to the discovery of such facts.”Coleman v. PricewaterhouseCoopers, LLC, 854 A.2d 838, 842 (Del. 2004) (internal quotation marks omitted) (emphasis in original)