• 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.

  • 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.

  • 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.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

    View this Book

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  • 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.

  • CompoSecure, LLC v. CardUX, LLC

    Publication Date: 2019-08-07
    Practice Area: Contracts | Fee Disputes
    Industry: Manufacturing
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Myron T. Steele, Arthur L. Dent, and Andrew H. Sauder, Potter Anderson & Corroon LLP, Wilmington, DE; Steven M. Coren, and David M. DeVito, Kaufman, Coren & Ress, P.C., Philadelphia, PA for appellants
    for defendant: David J. Margules, Elizabeth A. Sloan, and Jessica C. Watt, Ballard Spahr LLP, Wilmington, DE; Burt M. Rublin, Ballard Spahr LLP, Philadelphia, PA for appellees

    Case Number: D68656

    Sales agreement was not subject to restricted activities provision of party's LLC agreement where only required payments fell under the scope of the provision and commission payments in sales agreement were not required since party retained unilateral ability to decide whether to make the payment.

  • Silver Management Group, Inc. v. AdvisorEngine Inc.

    Publication Date: 2019-04-03
    Practice Area: Contractual Disputes | Fee Disputes
    Industry: Investments and Investment Advisory | Software
    Court: Court of Chancery
    Judge: Vice Chancellor McCormick
    Attorneys: For plaintiff: Raymond J. DiCamillo, Jeffrey L. Moyer and Nicole K. Pedi, Richards, Layton & Finger, P.A., Wilming-ton, DE for plaintiff.
    for defendant: David J. Teklits and Coleen W. Hill, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Gene W. Lee, Perkins Coie LLP, New York for defendant.

    Case Number: D68515

    The plain language of the parties' agreement excluded certain items from the licensing fee calculation and a party's attempt to terminate a contract was ineffective, so the court granted summary judgment on those matters.