The Delaware Supreme Court has refused to extend the tort of malicious prosecution to a case where the plaintiff contended the underlying matter, filed by a community of nuns, should not have continued without probable cause.

In an opinion filed June 15, the court affirmed a ruling from the Superior Court, which granted summary judgment to the defendants, Little Sisters of the Poor. The sisters had been facing a claim for malicious prosecution stemming from their failed lawsuit against Blue Hen Mechanical Inc.