In a rare move, Delaware Superior Court President Judge James T. Vaughn Jr. has asked the Delaware Supreme Court to amend a footnote in a dissenting opinion to reflect that an opinion issued by former Superior Court Judge Peggy L. Ableman did not speak for the entire court.
The Supreme Court in February affirmed Ableman’s dismissal of an asbestos case against an Argentinian subsidiary of DuPont in Martinez v. E.I. du Pont de Nemours & Co. Justice Randy J. Holland authored the majority opinion concluding that Ableman properly dismissed the case on the grounds of forum non conveniens and that questions of Argentinian law raised by the case should be resolved in the South American country’s courts.
