Supreme Court of Delaware

Capstack Nashville 3, LLC v. Cohen

October 24, 2022

Summary

The Court affirmed the Court of Chancery’s award of an attorney’s charging lien against Capstack’s settlement recovery. It held that a charging lien may attach to a settlement fund even when the settlement has not been incorporated into a judgment, judicial decree, or court-ordered award. The Court concluded that the use of the term “judgment” in prior precedent did not exclude settlement recoveries outside a judgment.