Day v. Loucks

Summary

The Delaware Supreme Court affirmed the Superior Court’s dismissal without prejudice of Roy A. Day’s claims against insurance-company defendants. The Court held that principles of comity supported dismissal because Day had pursued substantially similar claims in federal courts and was subject to filing restrictions and sanctions arising from abusive litigation practices.

Holdings

1. The Superior Court properly dismissed Day's repetitive complaint without prejudice under principles of comity because Day had already pursued substantially similar claims in the federal courts of Delaware and Florida and was subject to procedures imposed by those courts in response to his vexatious litigation.
2. Day could reinstitute the action if he provided proof and documentation that he had paid the monetary sanctions imposed by the Middle District of Florida.

Questions Presented

1. Whether the Superior Court properly dismissed Day's complaint without prejudice under principles of comity because substantially similar claims had been litigated in federal courts and Day had not complied with those courts' sanctions and filing procedures.
2. Whether Day could avoid federal-court filing restrictions and sanctions by filing substantially similar claims in the Delaware Superior Court.

Disposition

affirmed