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Supreme Court Upholds Limitations on Relief Due to Unclean Hands

By Francis G. X. Pileggi, Esq.

 In Reserves Development LLC v. Severn Savings Bank, FSB, (Del. Supr., Oct. 21, 2008), read opinion here, the Delaware Supreme Court upheld a decision of the Chancery Court to grant only partial interim injunctive relief to a joint venture partner in a real estate development "gone bad" . The parsimonious provision of equitable relief, based on an unjust enrichment theory, pending resolution of a companion case for legal relief in Superior Court, was due to several equitable factors related to the self-help employed by the plaintiff, such as, in part, what was deemed to be unclean hands.

The decision of the Chancery Court, which provides many more details about this factually intensive case, including the denial of a Motion for Reargument, was briefly highlighted on this blog here. The High Court also upheld the denial of pre-judgment interest due, in part,  to the lack of a timely request for same either in the Amended Complaint or in the post-trial briefing.
 

Full post as published by Delaware Corporate and Commercial Litigation Blog on October 22, 2008 (boomark / email).