United Vanguard Fund, Inc. v. TakeCare, Inc.

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 benefit to the corporation’s shareholders arising from the suit. We conclude that there are unresolved questions of fact whether the suit conferred any benefit upon the shareholders and, therefore, it was improper…