FOE v. OBLA. OF ST. FRANCIS de SALES

Full title: JOHN FOE # 1, Plaintiff, v. OBLATES OF ST. FRANCIS de SALES, et al…

Court: Superior Court of Delaware, New Castle County

Date published: Jan 4, 2011

C.A. No. 09C-06-305 JRS (Del. Super. Ct. Jan. 4, 2011)

Opinion

C.A. No. 09C-06-305 JRS.

January 4, 2011.

ORDER

JOSEPH R. SLIGHTS, III, Judge.

On this 4^th day of January, 2011, upon consideration of the Defendant, Archdiocese of Philadelphia's Motion to Dismiss Plaintiff's Complaint for Lack of Personal Jurisdiction, it appears that:

1. There are no material differences between the above-captioned matter and Naples v. Diocese of Trenton, 2010 WL 1731827(Del. Super. Apr. 29, 2010) (holding in a Child Victim's Act ("CVA") case that the Superior Court lacked personal jurisdiction over an out-of-state diocese). This Court will follow the holding in Naples and the several other decisions in cases brought under the CVA in which Delaware courts have dismissed claims against out-of-state dioceses for want of personal jurisdiction.¹

1 See Tr. ID. 33423897 (listing decisions of this court and the United States District Court for the District of Delaware addressing the personal jurisdiction issue raised here and dismissing actions on jurisdictional grounds).

2. The Court need not determine whether the Plaintiff has stated a claim for which relief can be granted because the Court lacks personal jurisdiction over the Defendant, Archdiocese of Philadelphia.

3. Based upon the foregoing, Defendant, Archdiocese of Philadelphia's Motion to Dismiss Plaintiff's Complaint for Lack of Personal Jurisdiction is GRANTED.

IT IS SO ORDERED.