Case Caption: Orlando Remak v. Virgin Islands Water and Power Authority a/k/a WAPA and Gregory RhymerCase Number: S. Ct. Civ. No. 2017-0067Date: 06/12/2020Author: Citation: 2020 VI 2USummary: The Supreme Court declines to exercise its discretion to grant a petition for permission to appeal pursuant to title 4, section 33(c) of the Virgin Islands Code because answering the question of whether detrimental reliance is an element of a claim for breach of the implied duty of good faith and fair dealing would not materially advance the ultimate termination of the litigation. Although the Virgin Islands Rules of Civil Procedure went into effect on March 31, 2017, and rejected the heightened pleading standard of Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), the Superior Court nevertheless mistakenly applied the old pleading standard rather than the relaxed current standard. Because it is possible that the plaintiff’s claim for breach of the implied duty of good faith and fair dealing would survive dismissal under Rule 8 of the Virgin Islands Rules of Civil Procedure, resolution of the certified question at this stage of the proceedings would not materially advance the ultimate termination of the underlying litigation. Accordingly, the petition for permission to appeal is denied.Attachment: Open Document or Opinion