In Montgomery Cellular Holding Co., Inc. v. Dobler, et al., download file, a Delaware Supreme Court decision, the Chancery Court’s ruling in an appraisal action was upheld. The trial court ruled that the company’s valuation expert at trial was rejected due to that expert’s flawed theoretical model and his failure to refer to relevant data. However, the Supreme Court reversed to the extent that it remanded with instruction that the trial court grant an award of attorneys’ fees and costs to the petitioner due to the bad faith conduct of the company in litigation including false testimony, failure to produce discovery (including destruction of computers). Also, it appeared that an expert witness at trial seemed to force his analysis to fit a predetermined conclusion. This is the second recent case where the Delaware Supreme Court has awarded attorneys’ fees for conduct during litigation that falls below the standard required by Delaware courts. It is also referred to as the bad faith exception to the American Rule regarding each party bearing its own attorneys’ fees. The other recent Delaware Supreme Court case was Kaung v. Cole.