JOHNSTON v. ARBITRIUM (CAYMAN ISLANDS)

No. 192, 1998.

720 A.2d 542 (1998)

H. Frederick JOHNSTON, Sandra Spillane and Technicorp International II, Inc., a Delaware corporation, Defendants Below, Appellants, v. ARBITRIUM (CAYMAN ISLANDS) HANDELS AG and Miklos Vendel, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Decided: November 19, 1998.


Attorney(s) appearing for the Case

David A. Jenkins of Smith, Katzenstein & Furlow, LLP, Wilmington, and Allan M. Pepper (argued) of Kaye, Scholer, Fierman, Hays & Handler, New York City, for Appellants.

Thomas J. Allingham II (argued) and James L. Love of Skadden, Arps, Slate, Meagher & Flom, LLP, and Cathy L. Reese of Blank, Rome, Comiskey & McCauley, Wilmington, for Appellees.

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


PER CURIAM.

In this appeal, we affirm the trial court's award of attorneys' fees under the bad faith exception to the American Rule against fee-shifting. The Court of Chancery awarded attorney fees after making specific findings of bad faith. Limiting ourselves to the facts of this case, we are asked to decide whether these findings provide sufficient justification for the award. We find that they do.

Facts

We summarize briefly the facts as...

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