IN RE DELAWARE PUBLIC SCHOOLS LITIGATION

No. 138, 2023.

312 A.3d 703 (2024)

IN RE DELAWARE PUBLIC SCHOOLS LITIGATION.

Supreme Court of Delaware.

Decided: January 30, 2024.


Attorney(s) appearing for the Case

Max B. Walton, Esquire (argued), Lisa R. Hatfield, Esquire , Erica K. Sefton, Esquire , Connolly Gallagher LLP, Newark, Delaware. Wilson B. Davis, Esquire , New Castle County Law Department, New Castle, Delaware, for Appellant Michael R. Smith, Chief Financial Officer of New Castle County. Krista M. Reale, Esquire   Margolis Edelstein , Wilmington, Delaware, for Appellant Gina Jennings, Finance Director for Sussex County. Craig T. Eliassen, Esquire , Gary E. Junge, Esquire , Schmittinger & Rodriguez, P.A., Dover, Delaware for Appellant Susan Durham, Director of Finance of Kent County.

Richard H. Morse, Esquire (argued), Community Legal Aid Society, Inc., Wilmington, Delaware. Dwayne Bensing, Esquire , ACLU Foundation of Delaware, Inc., Wilmington, Delaware; Of Counsel Saul P. Morgenstern, Esquire , Peta Gordon, Esquire , Arnold & Porter Kaye Scholer LLP, New York, New York for Appellees DEO and NAACP-DE.

Paul E. Bilodeau, Esquire, Reger, Rizzo, Darnall, LLP, Wilmington, Delaware, for Amicus Curie, The Delaware League of Local Governments.

Before SEITZ, Chief Justice; VALIHURA, TRAYNOR, LEGROW, Justices, and JONES, Judge constituting the Court en Banc.


INTRODUCTION

This is an appeal of a March 28, 2022 order and a March 29, 2023 fee award by the Court of Chancery holding that Appellees were entitled to $1,476,001.88 in attorneys' fees and an additional $73,470.02 in uncontested expenses, for a total award of $1,549,471.90.2 The legal fees...

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