Brett v. Berkowitz

Here, the plaintiff sued her former attorney for sexual misconduct and malpractice.  Under 11 Del. C. § 601, there are criminal penalties for sexual harassment.  The statute does not explicitly provide for a private right of action.  Further, the plaintiff did not bring her cause of action under this statute, and instead, claimed she could bring a common law cause of action for sexual harassment.  The court held that the plaintiff did not have a private cause of action under § 601; in other words, she could not bring common law private claims under that section for sexual harassment.  Id. at 512-13



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