Court of Chancery Decides that Amount of Attorneys’ Fees Awarded in Lengthy Trust Dispute Should be in the Public Domain

Delaware Fiduciary Litigation Blog

Posted April 22, 2013

IMO Trust for Grandchildren of Wilbert L. and Genevieve W. Gore dated April 14, 2972, C.A. No. 1165-VCN (April 1, 2013).

The Court of Chancery, per Vice Chancellor Noble, concluded that unless the parties could demonstrate a “principled basis” for keeping it under seal, the fee amounts awarded in a lengthy trust dispute should be in the public domain. The Court explained that “the Public is entitled to know what the Court does” and that the fees awarded provided an example to the Public of just how expensive litigation can be.

Before releasing an unredacted order, the Court invited the parties to offer any further arguments as to why those fee awards should remain under seal.  The parties opted not to do so, and on April 5, 2013, the Court publicly released its Order Awarding Attorneys’ Fees without any redactions.


William M. Kelleher, Director
Gordon, Fournaris & Mammarella, P.A.