Delaware Business Litigation Report

Court Of Chancery Denies Interim Fee Application

In re Novell Inc. Shareholder Litigation, C.A. 6032-VCN (August 30, 2011)

Once again, the Court of Chancery has denied an application for interim fees in a shareholder litigation.  The application was based on so-called curative disclosures made as a result of the plantiff's efforts.  While such applications are certainly disfavored as premature, that is perhaps all the more so when they are based on just additional disclosures.  Several other recent decisions have reached the same conclusion.

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