Koscho v. The Merit Distrib. Grp., LLC, C.A. No. N24C-12-106 PAW CCLD (Del. Super. Sept. 29, 2025)
In a dispute involving an employment agreement, the Superior Court Complex Commercial Litigation Division granted a motion to dismiss three of four counts, one for breach of contract and two others for tortious interference with two agreements. The Court dismissed the claim for breach of the Employment Agreement because plaintiff failed to sign a release, which was a condition precedent to the company’s obligation to pay the benefits at issue. The plaintiff did sign a modified version of the release, but the Court held this version was not “substantially in the form” of the release attached to the Employment Agreement, as contractually required. The Court dismissed the tortious interference claims, finding that the Complaint failed to plead facts sufficient to overcome the “affiliate privilege”, which required the plaintiff to plead bad faith.
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