Delaware Law Office
of Larry D. Sullivan, Esquire

A Weblog?
The column to the right, is a news/editorial/comment column. It is a weblog, also know as a blog.

The weblog thing comes from www.blogger.com, which offers us a convenient way to manage the posting, administratively. You don't really need to know all of that, but we have included this explanation so that you won't be confused by the term "blog".

Another important topic here is that since the column includes editorials and comments, you can be sure that we are just exercising our free speech rights as guaranteed by the Constitution and as not yet abridged by a reactionary opportunistic vocal minority.

opinions, everybody's got one...
If you would like your opinion published here, forward it for consideration and editorial review to: info@delawoffice.com.
Or add a comment. Comments by: YACCS

We encourage the exchange of responsible ideas.

Thursday, July 13, 2006

Delaware Supreme Court Holds Door Open for Loser to Pay

 
Justice Jacobs delivered the panel decision which reversed a Superior Court denial of a request for attorney fees. The Court describes the "american rule" which generally requires each side to bear its own costs of litigation, and then holds that the lower court took too narrow of a reading of the "bad faith" exception.

In this case, where the contractor bulldozed down the historical buildings despite the denial of his application for a permit to do so, the Court was hard pressed to think of a worse example of bad faith.

The matter was remanded for Superior Court to take a new look at the request for fees by the Historical Society.

Photo by News Journal file/SCOTT NATHAN

This is Michael Zimmerman's method of dispute resolution. Remind me never to do business with him.








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