This post was prepared by Rae Ra, a corporate and commercial litigation associate in the Delaware office of Lewis Brisbois.

In William J. Brown v. Matterport, Inc., et al., C.A. No. 2021-0595-LWW (Del. Ch. June 1, 2026) (“Letter Decision”), the Court of Chancery addressed on remand the limited issue of determining post-judgment interest in an action.

Plaintiff argued that, under 6 Del. C. § 2301, a fixed rate of 10.50% was “mandated,” while Defendants argued that a fixed 5.25%, the same interest as the pre-judgment rate, was appropriate to prevent a windfall to the plaintiff. Letter Decision, at 2.

The Court rejected both values, and instead held that “[a]pplying a floating rate compounded quarterly appropriately accounts for the economic realities and significant fluctuations in interest rates[.]” Id. at 3.  Clarifying that the “statutory legal rate serves as a benchmark, not an inflexible rule,” id. at 2, the Court explained that a “fixed 10.50% rate would create an inequitable windfall for [Plaintiff]” while a “fixed 5.25% rate would not fully compensate [Plaintiff]” for his losses.  Id. at 2-3.

The takeaway here is that the Court of Chancery is not statutorily limited from exercising in its discretion to determine an appropriate interest rate.  Here, the Court did just that, with mindfulness toward both equitable and practical concerns.