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BAKER v. CRODA INC.

No. 393, 2022.

304 A.3d 191 (2023)

Catherine BAKER, Plaintiff-Appellant, v. CRODA INC., f/k/a Croda, Inc. Defendant-Appellee.

Supreme Court of Delaware.

Decided: August 24, 2023.

Attorney(s) appearing for the Case

CHRISTINE M. MacKINTOSH, Esquire (argued), and KELLY L. TUCKER, Esquire , GRANT & EISENHOFER P.A., Wilmington, Delaware, for Appellant Catherine Baker.

KENNETH J. NACHBAR, Esquire , and MIRANDA N. GILBERT, Esquire , MORRIS, NICHOLS, ARSHT & TUNNELL, LLP, Wilmington, Delaware, and DAVID S. COOPER, Esquire (argued), QUINN EMANUEL URQUHART & SULLIVAN, LLP, New York, New York, and MICHELLE SCHMIT, Esquire , QUINN EMANUEL URQUHART & SULLIVAN, LLP, Chicago, Illinois, for Appellee Croda Inc.

Before SEITZ, Chief Justice; VALIHURA, TRAYNOR, LEGROW, and GRIFFITHS, Justices, constituting the Court en Banc.

This Court has received a request from our colleagues on the United States Court of Appeals for the Third Circuit to answer the following question:

Whether an increased risk of illness, without present manifestation of a physical harm, is a cognizable injury under Delaware law? Or put another way, does an increased risk...

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