The Court of Chancery recently denied a request for attorneys’ fees that were sought pursuant to the corporate benefit doctrine despite a successful suit under Section 211 of the Delaware General Corporation Law (DGCL) to compel a company to hold an annual meeting. In Martin v. Harbor Diversified, Inc., C.A. No. 2018-0762-SG (Del. Ch. Feb.
Chancery Explains Basis for Fiduciary Duty Default Standards Applicable to LLCs
Auriga Capital Corp. v. Gatz Properties LLC, C.A. No. 4390-CS (Del. Ch., Jan. 27, 2012), read opinion here.
What this Case is About and Why it is Important
This case establishes a high-water mark in terms of providing the most comprehensive explanation, based on legislative history and a review of Delaware cases,…
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 highlighted here.
This case dealt with a…
Attorneys’ Fees Imposed for Naming Wrong Party to Suit
In Citizens Bank v. Design-A-Drape, Inc., Del. Super., (July 30, 2008), read opinion here, the Delaware Superior Court imposed attorneys’ fees as a penalty for naming a co-defendant as a party for whom there was no (apparent) good faith basis to join as a defendant in the suit. ( I am up to date with summaries of the…