Mountaire appeal motion to Supreme Court denied

A Delaware Superior Court judge has denied Mountaire Corporation’s attempt to appeal jurisdictional claims in a class-action lawsuit involving more than 800 people to the Supreme Court.

Mountaire filed a motion to dismiss a case brought by Millsboro couple Gary and Ann-Marie Cuppels, along with 800 class members, on the grounds that the Superior Court did not have jurisdiction over the case, and that claims should be addressed in Delaware Court of Chancery.

In his written decision, Judge Craig Karsnitz said, “Defendants filed their motion to dismiss on jurisdictional grounds after two years of litigation, and after a full trial schedule, including a six-week trial, had been in place for almost nine months.”

“I thought, and still think, the record needs further development to determine what claims are properly before the court,” Karsnitz said,

The Cuppels, represented by Lewes attorney Chase Brockstedt, brought suit against Mountaire alleging that Mountaire’s wastewater treatment practices had contaminated their groundwater, leading to health problems. The lawsuit has been ongoing for more than two years, with legal fighting at both the federal and state levels. Both sides are under a court-imposed gag order not to discuss the case publicly. 

The most recent round of battle has been over Karsnitz certifying the class in order for the litigation to proceed as a class-action suit. Brockstedt and the Cuppels have chosen to bring the suit as a class-action in order to conserve resources. Mountaire opposes class certification, and sought to strike expert witness reports, among other things. Karsnitz has allowed the class certification process to move forward.

Mountaire then moved to file a motion to pursue an interlocutory appeal with Delaware Supreme Court. An interlocutory appeal is when a party appeals an aspect of a case to a higher court while the main litigation goes on in the lower court. In this case, Mountaire wanted to litigate the jurisdictional issues at the Supreme Court.

Karsnitz denied that motion, saying he would resolve any jurisdictional issues and that a delay for an interlocutory appeal would seriously prejudice the Cuppels. In June, Karsnitz sanctioned Mountaire’s attorneys for using delay tactics with the case. 

“To me, all of what I have outlined here is apparent and obvious. Defendants face serious, enormous claims. They have the right to litigate them fully, and in accordance with law. Defendants’ actions exhibit a flavor of delay for delay’s sake,” he said.