Delaware Business Litigation Report

Court Of Chancery Imposes Attorney Fees For Bad Faith

Soterion Corporation v. Soteria Mezzanine Corporation, C.A. 6158-VCN (October 31, 2012)

Too often a plaintiff will file suit just to put pressure on the other side to get a settlement of a business dispute.  In this decision, after finding that the complaint included knowingly false factual allegations, the Court imposed attorneys' fees on the plaintiff for suing when it had decided "not to bring his claim to definitive adjudication."  This illustrates the Court of Chancery's understandable lack of tolerance for litigants who waste its time and the other side's money.

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