considers factors (Delaware) · Go Syfert
← Delaware issues

considers factors in Delaware

12 Delaware opinions name it 3 courts 1963–2026 6 in the last five years

The cases below were cited by Delaware courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
Mahani v. Edix Media Group, Inc.green
del · 2007 · cited in 3 Delaware opinions naming this issue, 2018–2026
2 sentences

2026See Mahani, 935 A.2d at 245–46.

2018App. Div. 2d Dept. 1967) (“We do not find . . . that the employment contract lacked mutuality of obligation [where] Plaintiff was under duty to use its best efforts to provide defendant with work . . . .”). 58 See Countercl. ¶ 23. 59 Mahani v. Edix Media Group, LLC, 935 A.2d 242, 245 (Del. 2007) (citing Chrysler Corp. v. Dann, 223 A.2d 384, 386 (Del. 1996) 60 Id. at 245 (citing All Pro Maids, Inc. v. Layton, 2004 WL 1878784 , *12-13 (Aug. 9, 2004)). 11 shifting provision, the Court must determine whether the requested fees are reasonable.61 To determine if the fees are reasonable, the court co

33
Sugarland Industries, Inc. v. Thomasgreen
del · 1980 · cited in 2 Delaware opinions naming this issue, 2014–2016
2 sentences

2016See Sugarland Indus., Inc. v. Thomas, 420 A.2d 142, 149-50 (Del. 1980).

2014See Sugarland, 420 A.2d at 149-50 .

22
Kahn v. Sullivangreen
del · 1991 · cited in 1 Delaware opinions naming this issue, 2026–2026
1 sentence

2026Sys., 840 A.2d 1232, 1240 (Del. 2003)). 37 Exit Strategy, LLC v. Festival Retail Fund BH, L.P., 326 A.3d 356 , 363 (Del. 2024) (citing Sunline Commercial Carriers, Inc. v. CITGO Petroleum Corp., 206 A.3d 836, 845 (Del. 2019)). 38 Dell, 326 A.3d at 697 (citing Dover Historical Soc’y, Inc. v. City of Dover Planning Comm’n, 902 A.2d 1084, 1089 (Del. 2006)). 39 See Kahn, 594 A.2d at 63 (holding that the Court of Chancery did not exceed its discretion to approve a settlement where its decision was “the product of an orderly and logical deductive process”). 15 substantially benefited the class which

11
Dover Historical Society, Inc. v. City of Dover Planning Commissiongreen
del · 2006 · cited in 1 Delaware opinions naming this issue, 2026–2026
1 sentence

2026Sys., 840 A.2d 1232, 1240 (Del. 2003)). 37 Exit Strategy, LLC v. Festival Retail Fund BH, L.P., 326 A.3d 356 , 363 (Del. 2024) (citing Sunline Commercial Carriers, Inc. v. CITGO Petroleum Corp., 206 A.3d 836, 845 (Del. 2019)). 38 Dell, 326 A.3d at 697 (citing Dover Historical Soc’y, Inc. v. City of Dover Planning Comm’n, 902 A.2d 1084, 1089 (Del. 2006)). 39 See Kahn, 594 A.2d at 63 (holding that the Court of Chancery did not exceed its discretion to approve a settlement where its decision was “the product of an orderly and logical deductive process”). 15 substantially benefited the class which

11
Gannett Co., Inc. v. Board of Managersgreen
del · 2003 · cited in 1 Delaware opinions naming this issue, 2026–2026
1 sentence

2026Sys., 840 A.2d 1232, 1240 (Del. 2003)). 37 Exit Strategy, LLC v. Festival Retail Fund BH, L.P., 326 A.3d 356 , 363 (Del. 2024) (citing Sunline Commercial Carriers, Inc. v. CITGO Petroleum Corp., 206 A.3d 836, 845 (Del. 2019)). 38 Dell, 326 A.3d at 697 (citing Dover Historical Soc’y, Inc. v. City of Dover Planning Comm’n, 902 A.2d 1084, 1089 (Del. 2006)). 39 See Kahn, 594 A.2d at 63 (holding that the Court of Chancery did not exceed its discretion to approve a settlement where its decision was “the product of an orderly and logical deductive process”). 15 substantially benefited the class which

11
Sunline Commercial Carriers, Inc. v. Citgo Petroleum Corporationgreen
del · 2019 · cited in 1 Delaware opinions naming this issue, 2026–2026
1 sentence

2026Sys., 840 A.2d 1232, 1240 (Del. 2003)). 37 Exit Strategy, LLC v. Festival Retail Fund BH, L.P., 326 A.3d 356 , 363 (Del. 2024) (citing Sunline Commercial Carriers, Inc. v. CITGO Petroleum Corp., 206 A.3d 836, 845 (Del. 2019)). 38 Dell, 326 A.3d at 697 (citing Dover Historical Soc’y, Inc. v. City of Dover Planning Comm’n, 902 A.2d 1084, 1089 (Del. 2006)). 39 See Kahn, 594 A.2d at 63 (holding that the Court of Chancery did not exceed its discretion to approve a settlement where its decision was “the product of an orderly and logical deductive process”). 15 substantially benefited the class which

11
Americas Mining Corp. v. Theriaultgreen
del · 2012 · cited in 1 Delaware opinions naming this issue, 2023–2023
1 sentence

2023Mining Corp. v. Theriault, 51 A.3d 1213, 1255 (Del. 2012) (“When the efforts of a plaintiff on behalf of a corporation result in the creation of a common fund, the Court should award reasonable attorneys’ fees and expenses incurred by the plaintiff in achieving the benefit.”) (citation omitted). 86 Op. Br. 22. 87 Id. at 29 (calculating “a total lodestar of $106,065.70” and “an approximate multiplier of 5.6 on Plaintiffs’ counsel’s . . . total lodestar amount”). 88 Ind. Elec.

11
Sewell v. Stategreen
del · 2017 · cited in 1 Delaware opinions naming this issue, 2019–2019
2 sentences

2019Although the claims being sought to be dismissed were brought in a counterclaim so that the counterclaim-plaintiffs did not choose the forum initially, they could have pursued the Trust claims in a separate action in Tennessee. 29 Lisa, S.A. v. Mayorga, 993 A.2d 1042, 1047 (Del. 2010) (citing Taylor v. LSI Logic Corp., 689 A.2d 1196, 1199 (Del. 1997)); Gramercy Emerging Markets Fund v. Allied Irish Banks, PLC, 173 A.3d 1033, 1044 (Del. 2017). 30 Martinez, 86 A.3d at 1104 ; Gramercy Emerging Markets Fund, 173 A.3d at 1036-37 ; Gen.

2019Although the claims being sought to be dismissed were brought in a counterclaim so that the counterclaim-plaintiffs did not choose the forum initially, they could have pursued the Trust claims in a separate action in Tennessee. 29 Lisa, S.A. v. Mayorga, 993 A.2d 1042, 1047 (Del. 2010) (citing Taylor v. LSI Logic Corp., 689 A.2d 1196, 1199 (Del. 1997)); Gramercy Emerging Markets Fund v. Allied Irish Banks, PLC, 173 A.3d 1033, 1044 (Del. 2017). 30 Martinez, 86 A.3d at 1104 ; Gramercy Emerging Markets Fund, 173 A.3d at 1036-37 ; Gen.

11
Lisa, S.A. v. Mayorgagreen
del · 2010 · cited in 1 Delaware opinions naming this issue, 2019–2019
1 sentence

2019Although the claims being sought to be dismissed were brought in a counterclaim so that the counterclaim-plaintiffs did not choose the forum initially, they could have pursued the Trust claims in a separate action in Tennessee. 29 Lisa, S.A. v. Mayorga, 993 A.2d 1042, 1047 (Del. 2010) (citing Taylor v. LSI Logic Corp., 689 A.2d 1196, 1199 (Del. 1997)); Gramercy Emerging Markets Fund v. Allied Irish Banks, PLC, 173 A.3d 1033, 1044 (Del. 2017). 30 Martinez, 86 A.3d at 1104 ; Gramercy Emerging Markets Fund, 173 A.3d at 1036-37 ; Gen.

11
Taylor v. LSI Logic Corp.green
del · 1997 · cited in 1 Delaware opinions naming this issue, 2019–2019
1 sentence

2019Although the claims being sought to be dismissed were brought in a counterclaim so that the counterclaim-plaintiffs did not choose the forum initially, they could have pursued the Trust claims in a separate action in Tennessee. 29 Lisa, S.A. v. Mayorga, 993 A.2d 1042, 1047 (Del. 2010) (citing Taylor v. LSI Logic Corp., 689 A.2d 1196, 1199 (Del. 1997)); Gramercy Emerging Markets Fund v. Allied Irish Banks, PLC, 173 A.3d 1033, 1044 (Del. 2017). 30 Martinez, 86 A.3d at 1104 ; Gramercy Emerging Markets Fund, 173 A.3d at 1036-37 ; Gen.

11
Chrysler Corporation v. Danngreen
del · 1966 · cited in 1 Delaware opinions naming this issue, 2018–2018
2 sentences

2018App. Div. 2d Dept. 1967) (“We do not find . . . that the employment contract lacked mutuality of obligation [where] Plaintiff was under duty to use its best efforts to provide defendant with work . . . .”). 58 See Countercl. ¶ 23. 59 Mahani v. Edix Media Group, LLC, 935 A.2d 242, 245 (Del. 2007) (citing Chrysler Corp. v. Dann, 223 A.2d 384, 386 (Del. 1996) 60 Id. at 245 (citing All Pro Maids, Inc. v. Layton, 2004 WL 1878784 , *12-13 (Aug. 9, 2004)). 11 shifting provision, the Court must determine whether the requested fees are reasonable.61 To determine if the fees are reasonable, the court co

2018App. Div. 2d Dept. 1967) (“We do not find . . . that the employment contract lacked mutuality of obligation [where] Plaintiff was under duty to use its best efforts to provide defendant with work . . . .”). 58 See Countercl. ¶ 23. 59 Mahani v. Edix Media Group, LLC, 935 A.2d 242, 245 (Del. 2007) (citing Chrysler Corp. v. Dann, 223 A.2d 384, 386 (Del. 1996) 60 Id. at 245 (citing All Pro Maids, Inc. v. Layton, 2004 WL 1878784 , *12-13 (Aug. 9, 2004)). 11 shifting provision, the Court must determine whether the requested fees are reasonable.61 To determine if the fees are reasonable, the court co

11
City & County of San Francisco v. Superior Courtgreen
cal · 1951 · cited in 1 Delaware opinions naming this issue, 1963–1963
2 sentences

1963The case which best illustrates why the Court considers the claim of privilege is justified and should be upheld is City and County of San Francisco v. Superior Court, 37 Cal.2d 227 , 231 P.2d 26, 30 (1951) Where it was ruled that a report of a physician of the physical condition of an injured person, given to a lawyer who engaged the physician, representing the injured person, was ruled privileged, even though the patient could not have claimed the physician-patient privilege.

1963The case which best illustrates why the Court considers the claim of privilege is justified and should be upheld is City and County of San Francisco v. Superior Court, 37 Cal.2d 227 , 231 P.2d 26, 30 (1951) Where it was ruled that a report of a physician of the physical condition of an injured person, given to a lawyer who engaged the physician, representing the injured person, was ruled privileged, even though the patient could not have claimed the physician-patient privilege.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Delaware. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Majkowski v. American Imaging Management Services, LLC green
delch · 2006
2 sentences

2025Advancement and indemnification are related, but distinct, rights, addressed at different stages of a case.55 Advancement allows a potential indemnitee to have their litigation expenses paid as they are incurred, irrespective of whether they may ultimately be entitled to indemnification.56 When this Court considers a claim for advancement, it does so after a summary proceeding, primarily based upon the terms of the relevant advancement provision(s).57 “Advancement is typically not conditioned on a finding that the party seeking advancement has met any standard of 53 Majkowski, 913 A.2d at 586

2025C. §§ 145(a)–(b). 54 Majkowski, 913 A.2d at 586 .

12025–2025
General Motors Corporation v. Cox green
del · 1973
2 sentences

2021To determine what fee is reasonable, the Court considers the factors outlined by the Delaware Supreme Court in General Motors Corp. v. Cox7 and incorporated into Delaware Lawyers’ Rule of Professional Conduct 1.5(a): (1) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly. 5 Elliott, 2012 WL 7760033 , at * 2. 6 Id. 7 304 A.2d 55 (Del. 1973). (2) The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer. (3) The fees customar

2021To determine what fee is reasonable, the Court considers the factors outlined by the Delaware Supreme Court in General Motors Corp. v. Cox7 and incorporated into Delaware Lawyers’ Rule of Professional Conduct 1.5(a): (1) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly. 5 Elliott, 2012 WL 7760033 , at * 2. 6 Id. 7 304 A.2d 55 (Del. 1973). (2) The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer. (3) The fees customar

12021–2021
Murtha v. Continental Opticians, Inc. green
delsuperct · 1997
1 sentence

2020To determine what fee is reasonable, the Court considers the factors outlined by the Delaware Supreme Court in General Motors Corp. v. Cox10 and incorporated into Delaware Lawyers’ Rule of Professional Conduct 1.5(a): 8 Murtha v. Continental Opticians, Inc., 729 A.2d 312 , 317–18 (Del.

12020–2020
Martinez v. E.i. Dupont De Nemours & Co. green
del · 2014
1 sentence

2019Although the claims being sought to be dismissed were brought in a counterclaim so that the counterclaim-plaintiffs did not choose the forum initially, they could have pursued the Trust claims in a separate action in Tennessee. 29 Lisa, S.A. v. Mayorga, 993 A.2d 1042, 1047 (Del. 2010) (citing Taylor v. LSI Logic Corp., 689 A.2d 1196, 1199 (Del. 1997)); Gramercy Emerging Markets Fund v. Allied Irish Banks, PLC, 173 A.3d 1033, 1044 (Del. 2017). 30 Martinez, 86 A.3d at 1104 ; Gramercy Emerging Markets Fund, 173 A.3d at 1036-37 ; Gen.

12019–2019

Where else courts name it

IL 100 (1982–2026) IN 33 (1985–2020) CA 31 (1991–2026) TX 30 (1984–2026) OH 21 (2000–2026) IA 18 (1999–2025) WA 17 (1966–2025) UT 14 (1990–2020) KS 14 (1983–2026) MD 13 (1995–2025) MI 13 (1983–2026) AL 13 (1976–2017) VA 12 (1984–2020) DE 12 (1963–2026) MS 10 (1987–2023) ID 9 (1998–2026) TN 9 (2002–2024) GA 8 (2009–2025) NJ 7 (2019–2024) DC 7 (1974–2009) NY 7 (1954–2006) PA 7 (1974–2024) MN 7 (1995–2016) MO 7 (1991–2015) OR 7 (1999–2026) MA 6 (2003–2019) NC 6 (2003–2026) LA 5 (1995–2016) CT 5 (1992–2004) AZ 5 (1990–2023) WI 4 (2020–2025) ME 3 (2014–2023) MT 3 (1981–2007) CO 3 (2003–2025) FL 3 (1986–2019) RI 3 (1989–1998) OK 2 (1993–2010) VT 2 (2011–2019) NV 2 (2008–2024) WY 2 (1994–2000) AR 2 (2020–2021) SD 2 (1996–2000)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check