Zimmerman v. Crothall, C.A. No. 6001-VCP (Del. Ch. Oct. 14, 2013).

This opinion is noteworthy for its reasoning in granting an award of attorneys’ fees based on the corporate benefit doctrine where the benefit conferred on the company by virtue of the underlying litigation is real but not quantifiable.  In such cases, courts have granted attorneys’ fees on the basis of quantum meruit.  See footnotes 68 and 69.  For prior decisions explaining the extensive factual background and claims involved, two prior Chancery decisions in this matter were highlighted on these pages. N.B.: In June 2014, the Delaware Supreme Court reversed this decision.