Supreme Court of Delaware
Bay Capital Finance, LLC v. Barnes and Noble
March 30, 2021
Summary
The Supreme Court of Delaware affirmed the Court of Chancery’s summary judgment and award of attorneys’ fees and costs to BNED. It held that the Court of Chancery did not abuse its discretion by declining to consider Bay Capital’s request for a mootness fee because Bay Capital had not filed a motion, and that the evidence supported the finding that Bay Capital acted in subjective bad faith. The court also upheld the finding that Bay Capital’s litigation conduct justified the fee award.