In Re Delaware Public Schools Litigation

Summary

The Supreme Court of Delaware refused the County Defendants’ application for interlocutory review of an order holding that the plaintiffs were entitled to attorney fees under the common-benefit exception. The Court agreed that the strict standards for interlocutory certification were not met, that exceptional circumstances were absent, and that the likely costs and disruption outweighed any benefits. It endorsed quantifying the fee award and entering a partial final judgment so the legal basis and reasonableness of the award could be reviewed in one appeal.