Marino v. Patriot Rail Company LLC

OPINION

LASTER, Vice Chancellor

Plaintiff Gary 0. Marino seeks advancements of fees and expenses from defendant Patriot Rail Company LLC (the “Company”). The parties have cross-moved for summary judgment. Marino’s motion is granted. The Company’s motion is denied.

I. FACTUAL BACKGROUND

The facts are drawn from the affidavits and supporting documents that the parties submitted in connection with their motions for summary judgment. The parties agreed in their briefs and at oral argument that there were- no disputes of material fact that would affect the outcome. Pursuant to Court of Chancery Rule…