In a recent decision, Chancellor Andre G. Bouchard of the Delaware Court of Chancery addressed the question of whether a plaintiff who obtains a corporate benefit through litigation may target a particular stockholder to pay a common fund fee award when the corporate beneficiary cannot be liable pursuant to a bankruptcy court discharge order in City of Miami General Employees’ and Sanitation Employees’ Retirement Trust v. C&J Energy Services, No. CV 9980-CB, 2018 WL 508583 (Del. Ch. Jan. 23, 2018).
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