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UNITED VANGUARD FUND v. TAKECARE, INC.

No. 508, 1996.

693 A.2d 1076 (1997)

UNITED VANGUARD FUND, INC., United Funds, Inc., United Science and Technology Fund, United New Concepts Fund, Inc., United Continental Income Fund, Inc., Waddell & Reed Funds, Inc., Growth Fund, The Hillman Foundation, Inc., The Henry L. Hillman Foundation, HCC Investments, Inc., The Henry L. Hillman Trust, The Juliet Lea Hillman Trust, The Audrey Hilliard Hillman Trust, The Henry Lea Hillman Jr. Trust and The William Talbott Hillman Trust, Plaintiffs Below, Appellants, v. TAKECARE, INC., Jack R. Anderson, R. Judd Jessup, Richard M. Burdge, Sr., George E. Bello, Robert W. Jamplis and FHP International Corporation, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: May 22, 1997.

Attorney(s) appearing for the Case

Michael D. Goldman (Argued), and Stephen C. Norman, Potter Anderson & Corroon, Wilmington; Of Counsel: Theodore Altman, and Michael B. Reuben, Gordon Altman Butowsky Weitzen Shalov & Wein, New York City, for Appellants.

Kenneth J. Nachbar, Morris Nichols Arsht & Tunnell, Wilmington; Of Counsel: Michael Joseph (Argued), and Joseph O. Click (Argued), Dyer Ellis & Joseph, Washington, DC, for Appellees.

Before VEASEY, C.J., and HOLLAND, and HARTNETT, JJ.

HARTNETT, Justice.

This is an appeal from the grant of summary judgment by the Court of Chancery denying an attorney's fee and expenses in a suit that became moot. In reviewing the denial of the fees and expenses, we must consider whether the defendant corporation overcame the presumption that there was a causal connection between the filing of the lawsuit and the alleged subsequent...

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