In re Delaware Public Schools Litigation

Summary

The Supreme Court of Delaware reversed the Court of Chancery’s award of attorneys’ fees because the litigation merely compelled county officials to comply with existing law, which does not justify expanding the American Rule in public-interest litigation. The Court held that the taxpayer-suit exception applies only when litigation creates a quantifiable, non-speculative monetary benefit for all taxpayers, and this case was neither a taxpayer suit nor supported by such a benefit. The Court affirmed the uncontested award of expenses.