Delaware Claims Processing Facility, LLC et al. v. DBMP LLC et al., No 469, 2025 (Del. July 31, 2026)
Congratulations to Edwin J. Harron, Kevin Guerke, Lauren Dunkle Fortunato, and Renae Pagano on securing a victory before the Supreme Court of the State of Delaware in Delaware Claims Processing Facility LLC et al. v. DBMP LLC, et al. (No. 469, 2025).
The interlocutory appeal addressed whether the Court of Chancery properly invoked the centuries-old equitable remedy known as a bill of discovery to require the preservation of data maintained by asbestos settlement trusts and their claims processing facility.
In a unanimous decision after oral argument, the Delaware Supreme Court reversed and remanded, holding that while courts may exercise equitable jurisdiction to preserve evidence in certain circumstances, broad preservation orders directed at third parties are not appropriate where the requesting party cannot identify a pending or imminent action in which the information is relevant and unavailable through ordinary discovery.
The decision provides important guidance on the scope of equitable relief and the balance between evidence preservation obligations and compliance with modern data protection requirements.
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