Abella v. Universal Leaf Tobacco Co., Inc.

MEMORANDUM

MERHIGE, District Judge.

The Court has previously denied a motion filed by the defendant Universal Leaf Tobacco Co., Inc. (“Universal”) to dismiss the complaint herein, or, in the alternative, to grant it summary judgment. See Abella v. Universal Leaf Tobacco Co., 495 F.Supp. 713 (E.D. Va. 1980) (“Abella I”). The Court granted Universal a certificate for interlocutory appeal, but the Court of Appeals for the Fourth Circuit denied Universal’s motion for leave to appeal. Universal now renews its motion in light of developments in Delaware law since Abella I, as described infra.…