Delaware Supreme Court Rejects Effort to Extend Malicious Prosecution

Delaware Supreme Court Rejects Effort to Extend Malicious Prosecution

      In a recent decision, the Delaware Supreme Court considered and rejected a suggestion that the tort of malicious prosecution should be extended to those who, while they had a valid basis for bringing the action, continue its litigation beyond the point at which, at least from the plaintiff's perspective, they had probable cause to continue. Blue Hen Mechanical, Inc. v. Christian Brothers Risk Pooling Trust a/s/o Little Sisters of the Poor, No. 589, 2014 (June 15, 2015).

      This decision not only refused to extend the tort of malicious prosecution beyond circumstances where the plaintiff, at the inception of the suit, did not have a valid basis for bringing it, but as well criticized Blue Hen for not pursuing recovery for the additional expenses it alleged to have incurred in the action before that trial court.  Rather than moving on that basis, Blue Hen had filed a separate action some nine months after it prevailed on a motion for summary judgment in the original action.