Court Of Chancery Explains When To Award Fees For Litigation Misconduct
When does a litigant"s conduct before or after the litigation is filed justify fee shifting? This careful decision answers that question.
To begin with, mere silence about a drafting error during contract negotiations is not the sort of fraud that warrants fee shifting.
As to post litigation fee shifting, needlessly increasing the costs as a leverage technique does warrant fee shifting. The decision also gives a litany of other examples that is a useful guide.