OVERSTOCK.COM v. STATE EX REL. FRENCH

No. 327, 2019.

234 A.3d 1175 (2020)

OVERSTOCK.COM, INC., Defendant Below, Appellant, v. The STATE of Delaware, EX REL. William Sean FRENCH, Plaintiff-Relator Below, Appellees.

Supreme Court of Delaware.

Decided: June 24, 2020.


Attorney(s) appearing for the Case

Michael P. Kelly, Esquire , Matthew J. Rifino, Esquire , and Hayley J. Reese, Esquire , McCarter & English, LLP, Wilmington, Delaware, and Matthew Wright , McCarter & English, LLP, Esquire, Washington, D.C. for Appellant, Overstock.com, Inc.

Thomas E. Brown, Esquire , Edward K. Black, Esquire , and Stephen G. McDonald, Esquire , Deputy Attorney Generals, Wilmington, Delaware for Appellee, State of Delaware.

Laina M. Herbert, Esquire , and Vivek Upadhya, Esquire , Grant & Eisenhofer, Wilmington, Delaware, for Appellee, William Sean French.

Before SEITZ, Chief Justice; VALIHURA, VAUGHN, TRAYNOR, and MONTGOMERY-REEVES, Justices, constituting the Court en Banc.


The Appellant, Overstock.com, Inc. (Overstock), a Delaware corporation, appeals from a Superior Court judgment awarding the Appellees, Plaintiff-Relator William Sean French and the State of Delaware (Plaintiffs), $22,000 in civil penalties and $7,266,412.94 in treble damages for violations of the Delaware False Claims and Reporting...

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