Nassau Gallery v. Nationwide Mutual Fire

3 Citing cases

  1. Hunter v. Azentio Software Private Ltd.

    24-cv-3728 (LJL) (S.D.N.Y. Jul. 24, 2024)

    As a matter of plain meaning, a “prevailing party” is one “in whose favor a judgment is rendered, regardless of the amount of damages awarded.” Nassau Gallery Inc. v. Nationwide Mut. Fire Ins. Co., 2003 WL 22852242, at *3 (Del. Super. Ct. Nov. 18, 2003) (quoting Prevailing Party, Black's Law Dictionary (7th ed. 1999)); see also Graham v. Keene Corp., 616 A.2d 827, 828 (Del. 1992) (“[T]he term ‘prevailing party' . . . refers to a party for whom final judgment has been entered in any civil action.”)

  2. Reagle v. Carman Ford Inc.

    C.A. No. 09-777-GMS (D. Del. Mar. 31, 2011)

    Even in cases where an award of attorney's fees is appropriate, the amount of such fees should be based on the amount of the claim. Nassau Gallery Inc. v. Nationwide Mut. Fire Ins. Co., 2003 WL 22852242, *4 (Del. Super. Nov. 18, 2003) (finding that attorneys' fees which were ten times the amount of the underlying judgment were "clearly unreasonable"). For these reasons, the court will grant Carman Ford's motion and dismiss the above-captioned case for lack of subject matter jurisdiction.

  3. Hamilton v. Nationwide Mut. Fire Ins. Co.

    C.A. No. K16C-03-012 WLW (Del. Super. Ct. Nov. 16, 2018)   Cited 1 times
    Awarding fees as costs under Delaware's Superior Court Rule 68 based on underlying insurance fee-shifting statute allowing fees "taxed as part of the costs" (quoting Del. Code Ann. tit. 18, § 4102 )

    Here, based on application of the Cox factors, the Court will award reasonable attorneys' fees to the Plaintiff.Nassau Gallery Inc. v. Nationwide Mut. Fire Ins. Co., 2003 WL 22852242, at *2 (Del. Super. Nov. 18, 2003) (citing Heil v. Nationwide Mutual Insurance Co., 371 A.2d 1077, 1078 (Del. 1977)). United States Auto Ass'n Properties Fund, Inc. v. Burns, 640 A.2d 655 (Table), 1994 WL 91128, at *2 (Del. 1994).