Assad v. Botha, et al.,
C.A. No. 2022-0691-LWW (Del. Ch. Oct. 30, 2023)
Here, Vice Chancellor Will awarded a $100,000 mootness fee for
"material—and unremarkable—disclosures"
following the recently heightened mootness fee standard announced
in Anderson v. Magellan Health, Inc. (analyzed here), authored by Chancellor
McCormick. Magellan announced that the Court would award
mootness fees for supplemental disclosure only where such
disclosures are "material," not merely
"helpful," and such fees, if awarded, may be lower than
those awarded historically. This opinion represents one of the
first decisions applying Magellan, and awarded $100,000
where plaintiffs sought $850,000.
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