Posted on April 13, 2010 by Francis G.X. Pileggi

Chancery Awards Attorneys' Fees Based on Pre-Litigation Conduct in Breach of Fiduciary Duties

Saliba v. William Penn P'Ship, C.A. No. 111-CC (Del. Ch. April 12, 2010), read letter decision here. This letter decision, one and one-half pages long, of the Delaware Court of Chancery is noteworthy for its award of attorneys' fees based on pre-litigation conduct as opposed to any actions or omissions... Continue Reading...
Tags: , ,
Posted on February 6, 2010 by Francis G.X. Pileggi

Chancery Awards Fees to Prevailing Party Based on Agreement; Examines Reasonableness of Amount

In Concord Steel, Inc. v. Wilmington Steel Processing, Co., Inc., et al., No 3369-VCP (Del. Ch. February 5, 2010), read decision here, the Delaware Court of Chancery awarded attorneys' fees based on a provision in an asset purchase agreement that afforded reasonable attorneys' fees to the prevailing party. Our blog... Continue Reading...
Tags: , , ,
Posted on December 28, 2009 by Francis G.X. Pileggi

Chancery Imposes Substantial Penalties for Non-Compliance with Prior Order

Aveta, Inc. v. Bengoa, No. 3598-VCL (Del. Ch., Dec. 24, 2009), read opinion here. This Court of Chancery opinion issued on Christmas Eve was no present to the defendant. In essence, the Court imposed severe penalties on a party for failing to comply with a prior Order of the Court... Continue Reading...
Tags: , , , , , , , ,
Posted on April 6, 2009 by Francis G.X. Pileggi

Chancery Court Denies Fee Application Again on Remand; Finds Presumption Rebutted that Fee Petitioner Was Cause of Increase in Tender Price

In re William Lyon Homes Shareholder Litigation Consolidated, C.A. No. 2015-VCN (April2, 2009), read letter decision here. See prior Delaware decisions in this case here and here. Kevin Brady, a highly respected Delaware litigator, provides us with this case summary. On April 2, 2009, Vice Chancellor Noble denied for the... Continue Reading...
Tags: , , ,
Posted on March 31, 2009 by Francis G.X. Pileggi

Chancery Court Determines Third-Party Consents Can Thwart Purchase Agreement Resulting in Significant Damage Awards

West Willow-Bay Court, LLC v. Robino-Bay Court Plaza, LLC, Del. Ch., No. 2742-VCN (Feb. 23, 2009), read opinion here. Danielle Blount, an associate in our Delaware office, prepared the following summary of the case. In this post-trial opinion, the Delaware Court of Chancery determined the appropriate damage award where Defendant... Continue Reading...
Tags: , ,
Posted on March 9, 2009 by Francis G.X. Pileggi

Chancery Court Approves Yahoo Settlement

In Re Yahoo! Shareholders Litigation, (Del. Ch., March 6, 2009), read opinion here. Kevin Brady, a highly respected Wilmington litigator, prepared this review of the short letter decision. Chancellor Chandler issued a letter opinion today approving the In Re Yahoo! Shareholders Litigation class action and derivative action settlement, awarding plaintiffs... Continue Reading...
Tags: , , ,
Posted on February 5, 2009 by Francis G.X. Pileggi

Supreme Court Affirms Allocation of Settlement Proceeds in Class Action Against Philadelphia Stock Exchange

Schultz v. Ginsburg and Philadelphia Stock Exchange, (Del. Supr., Feb. 3, 2009), read opinion here. The Delaware Supreme Court affirmed the Chancery Court's decision in connection with the allocation of proceeds from a settlement that ended a class action against the Philadelphia Stock Exchange. The settlement and the allocation... Continue Reading...
Tags: , , , , ,
Posted on January 25, 2009 by Francis G.X. Pileggi

Chancery Court Rejects Claims for Attorneys' Fees; Follows American Rule

In General Video Corp. v. Kertesz, (Del. Ch., Jan. 13, 2009), read opinion here, the Delaware Chancery Court refused to apply the "bad faith" exception to the Americal Rule and thus rejected a request by the victor for fee-shifting to the losing party in a case whose post-trial opinion was... Continue Reading...
Tags: , , , ,
Posted on January 22, 2009 by Francis G.X. Pileggi

Chancery Court Awards Fees in Derivative Case Involving Closely Held Corporation

In Julian v. Eastern States Constr. Co., (Del. Ch., Jan. 14, 2009), read opinion here, the Chancery Court awarded fees to the victorious party in a derivative case involving a corporation that only had a few shareholders. The claims in this case challenged bonuses of the key executives . The... Continue Reading...
Tags: , , ,
Posted on November 20, 2008 by Francis G.X. Pileggi

Chancery Denied Reargument on Attorneys' Fees

In Postorivo v. AG Paintball Holdings, Inc., 2008 Del. Ch. LEXIS 165 (Nov. 13, 2008), the Delaware Chancery Court denied reargument of a prior award of attorneys' fees that limited the total amount payable. For more factual background, I refer you to my summaries of the three (3) prior decisions... Continue Reading...
Tags: , , ,