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Summaries and analysis of recent Delaware court decisions concerning business-related litigation.

Morris James Blogs


Court Of Chancery Explains Fees For Counterclaim Law

Pontone v. Milso Industries Corporation, C.A. 7615-VCP (May 29, 2014)

This decision explains two aspects of advancement law that may be troubling to some.  First, it explains when fees may be recovered for asserting a counterclaim.  In general, the rule is that fees may be won for a compulsory counterclaim that may also diminish the recovery of the original plaintiff. Second, the opinion explains again how to treat the difficulty in assessing how much may be recovered in an advancement suit when the underlying litigation is on-going, including the fees-for-fees and interest issues.