Legal Opinion

Boerger v. Heiman

Supreme Court of Delaware

Decided February 9, 2009No. 92, 2008PublishedCited by 11 opinions

1Opinion of the Court

BERGER, Justice.

In this appeal we consider whether the Superior Court erred in granting summary judgment to appellees in a professional malpractice action. The trial court held that appellants were on inquiry notice of the alleged malpractice more than three years before they filed suit, and that their claim is barred by the statute of limitations. The court reached its conclusion after evaluating conflicting evidence and making factual findings adverse to appellants. Summary judgment may not be granted where, as here, there are material issues of fact in dispute. The question of whether the…

2Cases cited3 opinions

  1. Coleman v. PRICEWATERHOUSECOOPERS, LLCSupreme Court of Delaware · 2004
  2. Kaufman v. C.L. McCabe & Sons, Inc.Supreme Court of Delaware · 1992
  3. Reddy v. MBKS COMPANY LIMITEDSupreme Court of Delaware · 2008

3Cited by11 opinions

  1. TL of Florida, Inc. v. Terex Corp.District Court, D. Delaware · 2014
  2. CHATHAM ASSET MANAGEMENT, LLC v. ADVISER COMPLIANCE ASSOCIATES, LLCDistrict Court, D. New Jersey · 2023
  3. Delphi Petroleum v. Magellan Terminals Holdings, L.P.Superior Court of Delaware · 2015
  4. ISN Software Corportation v. Richards Layton & Finger, P.A.Superior Court of Delaware · 2019
  5. In re Care One LLC Advancement LitigationCourt of Chancery of Delaware · 2026

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