• Marquinez v. Dole Food Co. Inc.

    Publication Date: 2023-05-02
    Practice Area: Fee Disputes
    Industry: Agriculture | Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 12-cv-695-RGA-SRF

    Plaintiffs moved to allocate in whole or in part the costs of the court-appointed expert witness on Ecuadorian law.

  • The State of Delaware v. Melpar, LLC

    Publication Date: 2023-01-10
    Practice Area: Fee Disputes
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Bradley Eaby, Deputy Attorney General, Department of Justice, Wilmington, DE for petitioner.
    for defendant: Richard L. Abbott, Abbot Law Firm, Hockessin, DE for defendant.

    Case Number: S21C-03-017 FJJ

    The court granted a motion for attorney fees in part and denied in part finding that defendant LLC was owed fees following a condemnation trial where the court's valuation of the property was higher than that initially offered by the State.

  • In re: RGN-Group Holdings, LLC

    Publication Date: 2022-03-01
    Practice Area: Fee Disputes
    Industry: Financial Services and Banking | Real Estate
    Court: U.S. Bankruptcy Court
    Judge: Judge Shannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69733

    Claimant could pursue attorneys' fees where authorized by lease that debtor remained obligated under, and where claimant had yet to recover the statutory cap of unpaid rent.

  • Auto Equity Loans of Delaware LLC v. Baird

    Publication Date: 2021-06-23
    Practice Area: Fee Disputes
    Industry: Financial Services and Banking | Automotive
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Stephen A. Spence, Catherine M. Cramer, Baird Mandalas Brockstedt, LLC, Lewes, DE for appellant.
    for defendant: Vivian A. Houghton, Law Office of Vivian A. Houghton, Wilmington, DE; Robert F. Salvin, Bala Cynwyd, PA for appellees.

    Case Number: D69439

    Application to trial court for statutory fee shifting for appellee work was not time-barred where litigants requested remand for entry of judgment and to file applications for fees, while the appellate courts' decisions remanded the matter back to the trial court for further proceedings.

  • Bragdon v. Bayshore Prop. Owners Ass'n, Inc.

    Publication Date: 2021-03-24
    Practice Area: Fee Disputes
    Industry: Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Dean A. Campbell, Law Office of Dean A. Campbell, P.A., Georgetown, DE for plaintiff.
    for defendant: Stephen A. Spence, Baird Mandalas Brockstedt, LLC, Lewes, DE for defendant.

    Case Number: D69334

    Condominium unit owner's legal fees shifted to condominium association pursuant to Delaware Uniform Common Interest Ownership Act where association acted unreasonably by failing to give owner notice of violation before levying fines and expenses and employing violation and appeal policies against the owner that it had not imposed against other similarly-situated owners.

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  • Perryman v. Stimwave Tech. Inc.

    Publication Date: 2020-12-23
    Practice Area: Fee Disputes
    Industry: Biotechnology
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Steven L. Caponi, Matthew B. Goeller, K&L Gates LLP, Wilmington, DE; Justin H. Roeber, Thomas A. Warns, K&L Gates LLP, New York, NY for petitioners.
    for defendant: Richard P. Rollo, Kevin M. Gallagher, Travis S. Hunter, Angela Lam, Nicole M. Henry, Christian C.F. Rob-erts, Richards, Layton & Finger, P.A., Wilmington, DE for respondent.

    Case Number: D69233

    One of the petitioners had a valid advancement right against the company for litigation expenses relating to his status as a director of the company, but the other petitioner's basis for advancement was void.

  • Int'l Rail Partners LLC v. Am. Rail Partners, LLC

    Publication Date: 2020-12-09
    Practice Area: Fee Disputes
    Industry: Transportation
    Court: Court of Chancery
    Judge: Vice Chancellor Fioravanti
    Attorneys: For plaintiff: Brian R. Lemon, Andrew S. Dupre, Stephanie Dallaire, McCarter & English, LLP, Wilmington, DE for plaintiffs.
    for defendant: Elizabeth S. Fenton, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Stephen Novack, Joshua E. Liebman, Novack and Macey LLP, Chicago IL for defendant.

    Case Number: D69217

    An advancement provision in an LLC agreement was very broad, so the court granted plaintiffs' motion for judgment on the pleadings regarding their entitlement to fees.

  • Seiff v. Tokenize Inc.

    Publication Date: 2020-12-02
    Practice Area: Fee Disputes
    Industry: E-Commerce
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: John M. Seaman, Abrams & Bayliss LLP, Wilmington, DE for plaintiffs.
    for defendant: P. Clarkson Collins, Jr., Albert J. Carroll, Morris James LLP; Brian J. Capitummino, Woods Oviatt Gilman LLP, New York, NY for defendant.

    Case Number: D69211

    Pursuant to the terms of a written agreement, plaintiffs were entitled to advancement of litigation expenses even though the company dismissed the case prior to service of the complaint.

  • Internet Media Interactive Corp. v. Shopify Inc.

    Publication Date: 2020-11-04
    Practice Area: Fee Disputes
    Industry: E-Commerce
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: George Pazuniak, O’Kelly & Ernst, LLC, Wilmington, DE for plaintiff.
    for defendant: Daniel M. Silver, Alexandra M. Joyce, McCarter & English, LLP, Wilmington, DE; Mark Reiter, Y. Audrey Yang, Brian M. Buroker, Gibson, Dunn & Crutcher LLP, Washington, DC for defendant.

    Case Number: D69177

    Based on the totality of the circumstances, the court declined to award defendant its attorney fees follow-ing plaintiff's voluntary dismissal of the complaint with prejudice.

  • Holben v. Pepsi Bottling Ventures, LLC

    Publication Date: 2019-11-20
    Practice Area: Fee Disputes
    Industry: Food and Beverage | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Walt F. Schmittinger and Candace E. Holmes, Schmittinger & Rodriguez, P.A., Dover, DE, for appellant.
    for defendant: Robert S. Hunt, Franklin & Prokopik, Wilmington, DE, attorney for appellee.

    Case Number: D68774

    The Industrial Accident Board erred in awarding attorneys' fees that exceeded 30 percent of the amount on an "issue" in which a claimant obtained a recovery greater than that offered by the employer prior to hearing.