Philip R. Shawe, Plaintiff/respondent Below-Appellant v. Elizabeth Elting, Defendant/petitioner Below-Appellee

Summary

The Supreme Court affirmed sanctions against Shawe for intentionally deleting electronically stored information, recklessly failing to preserve his cell phone, and repeatedly lying under oath during litigation. It held that the Court of Chancery acted within its discretion in imposing civil sanctions and shifting all sanctions-motion fees and a percentage of merits-related fees because Shawe’s misconduct impeded discovery, complicated the proceedings, and misled the court. The court also rejected Shawe’s argument that criminal procedural protections were required.