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E.I. DUPONT v. FLORIDA EVERGREEN FOLIAGE

No. 205, 1999.

744 A.2d 457 (1999)

E.I. DuPONT DE NEMOURS AND COMPANY, Defendant Below, Appellant, v. FLORIDA EVERGREEN FOLIAGE and Louis Chang, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Decided: December 6, 1999.

Rehearing Denied January 26, 2000.

Attorney(s) appearing for the Case

Richard L. Horwitz, and Kevin R. Shannon, Potter Anderson & Corroon LLP, Wilmington, Delaware and A. Stephens Clay (argued), Kilpatrick Stockton LLP, Atlanta, Georgia, for Appellant.

Peter E. Hess, the Law Office of Peter E. Hess, Wilmington, Delaware, Stephen T. Cox (argued) and David W. Moyer, Cox & Moyer, San Francisco, California, and A. Camden Lewis, and Thomas A. Pendarvis, Lewis, Babcock & Hawkins, Columbia, South Carolina, for Appellees.

Thomas P. Preston, Duane, Morris & Heckscher LLP, Wilmington, Delaware, Amicus Curiae Delaware State Chamber of Commerce.

Ben T. Castle, and Matthew P. Denn, Delaware Trial Lawyers Association, Wilmington, Delaware, Amicus Curiae Delaware Trial Lawyers Association.

Phebe S. Young, the Bayard Firm, Wilmington, Delaware and Hugh F. Young, Jr., Product Liability Advisory Council, Inc., Reston, Virginia, Amicus Curiae Product Liability Advisory Council, Inc.

Before WALSH, HOLLAND, and BERGER, Justices.

WALSH, Justice:

This Court has accepted a certified question of law from the United States District Court for the Southern District of Florida pursuant to Supreme Court Rule 41(a). The question of law concerns the ability of a litigant who signed a settlement and release of a tort claim to bring suit against the released party for fraudulent inducement. We conclude, in answer to the certified question, that, under Delaware...

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