The opinion in Professional Investigating & Consulting Agency, Inc. v. Hewlett-Packard Co., C.A. No. N12C-06-196 MMJ CCLD (Del. Super. Mar. 23, 2015), applies the Delaware law of defamation in the context of a claim by one business vendor against a large iconic company. The fascinating and scholarly opinion uses the word “humiliation” in the context of upholding a multi-million dollar jury verdict in the Complex Commercial Litigation Division of the Delaware Superior Court, which is the trial court of general jurisdiction, as compared to the Delaware Court of Chancery which handles claims limited to its equitable jurisdiction or a selected number of matters for which it has statutory based jurisdiction.
Also useful for those engaged in commercial litigation, is the opinion’s discussion of claims based on the statutory definition of trade secrets and their misappropriation, as well as the helpful reminder of the well-established law that if one is maligned in connection with one’s trade or profession, special damages do not need to be proven.