Delaware Business Litigation Report

Court Of Chancery Explains How To Divide Fees

In Re Allion Heathcare Inc. Shareholders Litigation, C.A. 5022-CC (March 29, 2011)

How to divide the fees awarded in a multi-jurisdiction case is a recurring problem.  As the Chancellor explains in this opinion, it is preferable if the various courts are notified of a settlement and asked to decide which court should resolve any problems.  That has worked well.

However, when the lawyers are too stubborn to do so, then the Court will apply the principle established long ago in the fabled story, The Little Red Hen.  She who bakes the bread is she who eats the bread.

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