Beck v. Greim, et al.

Annotate this Case

Download PDF

IN THE SUPREME COURT OF THE STATE OF DELAWARE ANDREA C. BECK, Plaintiff Below, Appellant, v. JOHN A. GREIM, ANNA MARIE HANNA, JEFFREY R. HORVAT, AMY E. RETZLAFF, and PETER M. RETZLAFF, Defendants Below, Appellees. § § § § § § § § § § § § No. 481, 2019 Court Below—Superior Court of the State of Delaware C.A. No. K16C-12-001 Submitted: June 12, 2020 Decided: July 30, 2020 Before SEITZ, Chief Justice; VAUGHN and TRAYNOR, Justices. ORDER After consideration of the parties’ briefs and the record on appeal, we conclude that the judgment below should be affirmed on the basis of the Superior Court’s decision dated October 22, 2019. Although the timely filing of a lawsuit in another court sometimes tolls the statute of limitations “in certain instances where the plaintiff . . . is procedurally barred from obtaining a resolution on the merits,” 1 the later-filed lawsuit must be “for the same cause of action” as the earlier-filed lawsuit.2 The appellant’s complaint in the Court of Chancery arose from many of 1 2 Reid v. Spazio, 970 A.2d 176, 180 (Del, 2009). 10 Del. C. § 8118(a). the same facts asserted in this case, but it did not state claims for defamation or seek damages for defamation or any other personal injury. As to the appellant’s request for indemnification, the appellant did not timely seek reargument of this Court’s previous denial of that request and, in any event, the Court of Chancery—not the Superior Court—has “exclusive jurisdiction to hear and determine all actions for advancement of expenses or indemnification brought under this section or under any bylaw, agreement, vote of stockholders or disinterested directors, or otherwise.”3 NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Gary F. Traynor Justice 3 8 Del. C. § 145(k). 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.