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HANSON v. MORTON

No. 557, 2012.

67 A.3d 437 (2013)

Terry HANSON, Defendant Below, Appellant, v. Carl and Pamela MORTON, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Decided: June 11, 2013.

Attorney(s) appearing for the Case

Michael P. Kelly, Esquire (argued), and Daniel J. Brown, Esquire , of McCarter & English, LLP, of Wilmington, Delaware for Attorney X.

Edward P. Welch, Esquire , and Sarah Runnells Martin, Esquire (argued), of Skadden, Arps, Slate, Meagher & Flom, LLP, of Wilmington, Delaware for amicus curiae the Family Court of the State of Delaware.

Mary M. MaloneyHuss, Esquire , Cathy J. Testa, Esquire , Catherine Hagerty Thompson, Esquire , and Geoffrey Gamble, Esquire , of Wilmington, Delaware, for amici curiae E.I. du Pont de Nemours and Company and W.L. Gore & Associates, Inc.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS, and RIDGELY, Justices, constituting the Court en Banc.

RIDGELY, Justice:

This is a proceeding, under Article IV, Section 11(8) of the Delaware Constitution and Supreme Court Rule 41, on questions of law certified by the Family Court of the State of Delaware and accepted by this Court. In this opinion we address whether in-house counsel appointed by the Family Court to represent indigent parties in dependency and neglect proceedings have qualified immunity from malpractice liability. We also address whether lack of professional...

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