Litigation

Attorneys' Fee Request Carefully Examined--and Approved

By Francis G. X. Pileggi, Esq.

Weichert Co. of PA v. Young, 2008 WL 1914309 (Del. Ch., May 1, 2008), read opinion here.  In this Chancery Court decision the court reviews objections to a fee application pursuant to a fee shifting provision in an agreement. The pro se defendant lost the argument that he violated his covenant not to compete. Even though the monetary award was only about $7,500, the fee request was about $90,000. The court awarded the whole amount requested, finding it reasonable under the applicable case law (see footnote 7), as well as under Rule 1.5 of the Delaware Lawyers' Rules of Professional Conduct.

 The underlying facts of the case can be found in the court's prior decision that was summarized here.

Full post as published by Delaware Corporate and Commercial Litigation Blog on May 04, 2008 (boomark / email).