Delaware Business Litigation Report

Supreme Court Upholds Fee Award In No Damage Case

William Penn Partnership v. Saliba, C.A. 362, 2010 (February 9, 2011)

In this unusual decision the Supreme Court upheld an award of attorneys fees and costs to plaintiffs who proved a breach of fiduciary duties owed to them but where there were no apparent damages from the breach.  In that way the plaintiffs were compensated for the breach.  It is not clear if this means that in every breach of fiduciary duty case that attorney fees may be won by the plaintiffs as well.  I doubt it for the Court does not announce any such major change in Delaware law and the decision seems limited to its peculiar facts.  But, you can not know for sure. 

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