Supreme Court of Delaware
Peterson Enterprises, Inc. v. Brace Industrial Contracting, Inc.
January 6, 2020
Summary
The Supreme Court affirmed the Court of Chancery’s resolution of the inventory claims and its award of attorney’s fees, but reversed the award of all litigation costs because Brace failed to segregate costs attributable to successful claims from costs attributable to unsuccessful claims. The Court also reversed the form of the final judgment and remanded for clarification of the liable parties, the Guarantors’ limited liability, and the amounts payable from escrow.