Delaware Business Litigation Report

Court Of Chancery Explains Attorney Fee Awards

In re Del Monte Foods Company Shareholders Litigation, C.A. 6027-VCL (June 27, 2011)

This is another in a series of detailed explanations of how attorney fees are to be calculated in representative litigation in Delaware.  First, the Court explained when an interim application may be considered, noting that it may be preferable to do so when the matter is still fresh.  That is particularly so when any appellate review is not likely to change the benefit conferred by the litigation.

Next, the Court explained that uncovering facts not known before the litigation began is particularly important and deserving of a fee award at the higher end.

Finally, the Court set out examples of prior fee awards and explained how those informed its decision in this case.

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