Tavistock Civic Association, Inc. v. Owen

Summary

The Supreme Court of Delaware affirmed a $5,000 attorneys' fee award arising from the Owens' partially successful motion to compel discovery. It held that Court of Chancery Rule 37(a)(4)(C), although addressing partial success, implicitly requires that the opposing position not be substantially justified before fees may be shifted, and concluded that Tavistock's opposition was not substantially justified. The Court also held that Tavistock failed to substantiate its claimed burden of responding to the discovery. No separate opinions were filed.