Delaware Business Litigation Report

Court Of Chancery Limits Cost Recovery Following Successful Appeal

In Re: El Paso Pipeline Derivative Litigation, C.A. 7141-VCL (February 16, 2017)

This decision explains what “costs” are recoverable under Court of Chancery Rule 54 following a successful appeal. While the amounts involved normally do not merit much discussion, the cost of bond for an appeal can be significant when the court below awards a large judgment, like in this case.  As this decision points out, the circumstances surrounding the posting of the bond may determine whether or not it was a “necessary” and therefore recoverable cost.

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