Delaware Chancellor Politely Denies Sanctions Motion


The court denied a sanctions motion filed when one party moved to reconsider the judgment:

The Defendants move for sanctions against the Plaintiffs, on the ground that the Plaintiffs’ Motion for Reconsideration was “frivolous and appears vindictive” and represents the Plaintiffs’ attempt to mislead the Court.[14] I cannot improve on the wise advice of Vice Chancellor Laster: “lawyers should think twice, three times, four times, perhaps more before seeking Rule 11 sanctions or moving for fees under the bad faith exception.”[15] In my view, the Defendants have thought at least one time fewer here than is optimal. This entire litigation has hardly been a model of civility, or of litigants’ or judicial economy. The Motion for Sanctions is unwarranted, and is denied.

The opinion does not discuss the merits of the sanctions motion in detail, but it appears that the Chancellor was frustrated that a request for reconsideration immediately drew a request for sanctions.

via BRACE INDUSTRIAL CONTRACTING, INC. v. PETERSON ENTERPRISES INC., Del: Court of Chancery 2018 – Google Scholar

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s