Archive: May 13, 2019

COURT DECLINES TO AWARD ATTORNEYS’ FEES UNDER CORPORATE BENEFIT DOCTRINE BECAUSE PLAINTIFF OPPOSED THE BENEFIT DURING LITIGATION

By Nick I. Froio and Thomas F. Meyer

In Almond v. Glenhill Advisors LLC, C.A. No. 10477-CB (Del. Ch. April 10, 2019), the Court denied Plaintiffs’ motion for attorneys’ fees, even though Plaintiffs made a prima facie showing to support a fee award under the corporate benefit doctrine, given that Plaintiffs fought to prevent the particular benefit throughout the litigation. The Court held that it would be inequitable to reward Plaintiffs for “conferring” a benefit they fought to prevent throughout the litigation.

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