Delaware News

Jennings can fight for Nemours funding, appeals court rules

Department of Justice | Department of Justice Press Releases | News | Date Posted: Friday, June 14, 2024


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A Florida appellate court has upheld AG Kathy Jennings’ authority to continue advocating for funding for Nemours Children’s Hospital.

“The consequences of this case could be a game changer for kids in Delaware,” said AG Jennings. “Anyone whose child has received care at Nemours Hospital understands how exceptional they are. That’s the hallmark of A.I. duPont’s legacy, and it is a blessing to every child in our state. We want to support the care team at Nemours; that includes funding healthcare in our state for Delaware’s children as a matter of first consideration and in accordance with Mr. duPont’s wishes. The job’s not done, but we are grateful that the Florida court has reaffirmed our standing to advocate for Delaware’s children and elderly.”

The May 31 ruling is the latest development in a decades-long effort by six Delaware attorneys general to enforce the will of the late Alfred I. duPont. Mr. duPont was born and spent most of his life in Delaware before relocating to Florida, where he passed away. In his will, Mr. duPont generously directed that money be set aside in a charitable trust to provide medical care for children and the elderly in Delaware; Delaware is the only state whose residents are broadly mentioned as beneficiaries of that directive.  Pursuant to his will, his Florida estate established the Nemours Foundation, which operates Nemours Children’s Hospital, and the Alfred I. duPont Charitable Trust, which finances Nemours.

In spite of Mr. duPont’s directive, six Delaware attorneys general have fought to compel the trustees to honor his intent and prioritize funding in Delaware. Litigation filed by then-AG Richard Gebelein in the late 1970s led to an agreement placing a 50% cap on Nemours’ annual out-of-state spending of distributions from the duPont Trust. Under Attorneys General Oberly, Biden, Denn, and Jennings, the State of Delaware has worked to uphold that agreement and enforce Mr. duPont’s wishes set forth in his will.

While Friday’s decision is not a final resolution in the case, it reversed a prior ruling that appeared to prevent AG Jennings from advocating on this issue in Florida courts. The Delaware Department of Justice will continue to argue for greater funding to Nemours Children’s Hospital, in accordance with the prior settlement and with Mr. duPont’s wishes.

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Jennings can fight for Nemours funding, appeals court rules

Department of Justice | Department of Justice Press Releases | News | Date Posted: Friday, June 14, 2024


Navy blue background featuring the Delaware state seal in the center

A Florida appellate court has upheld AG Kathy Jennings’ authority to continue advocating for funding for Nemours Children’s Hospital.

“The consequences of this case could be a game changer for kids in Delaware,” said AG Jennings. “Anyone whose child has received care at Nemours Hospital understands how exceptional they are. That’s the hallmark of A.I. duPont’s legacy, and it is a blessing to every child in our state. We want to support the care team at Nemours; that includes funding healthcare in our state for Delaware’s children as a matter of first consideration and in accordance with Mr. duPont’s wishes. The job’s not done, but we are grateful that the Florida court has reaffirmed our standing to advocate for Delaware’s children and elderly.”

The May 31 ruling is the latest development in a decades-long effort by six Delaware attorneys general to enforce the will of the late Alfred I. duPont. Mr. duPont was born and spent most of his life in Delaware before relocating to Florida, where he passed away. In his will, Mr. duPont generously directed that money be set aside in a charitable trust to provide medical care for children and the elderly in Delaware; Delaware is the only state whose residents are broadly mentioned as beneficiaries of that directive.  Pursuant to his will, his Florida estate established the Nemours Foundation, which operates Nemours Children’s Hospital, and the Alfred I. duPont Charitable Trust, which finances Nemours.

In spite of Mr. duPont’s directive, six Delaware attorneys general have fought to compel the trustees to honor his intent and prioritize funding in Delaware. Litigation filed by then-AG Richard Gebelein in the late 1970s led to an agreement placing a 50% cap on Nemours’ annual out-of-state spending of distributions from the duPont Trust. Under Attorneys General Oberly, Biden, Denn, and Jennings, the State of Delaware has worked to uphold that agreement and enforce Mr. duPont’s wishes set forth in his will.

While Friday’s decision is not a final resolution in the case, it reversed a prior ruling that appeared to prevent AG Jennings from advocating on this issue in Florida courts. The Delaware Department of Justice will continue to argue for greater funding to Nemours Children’s Hospital, in accordance with the prior settlement and with Mr. duPont’s wishes.

image_printPrint


Graphic that represents delaware news on a mobile phone

Keep up to date by receiving a daily digest email, around noon, of current news release posts from state agencies on news.delaware.gov.

Here you can subscribe to future news updates.