Opinion
C.A. No. N12C-06-196 MMJ CCLD
02-08-2016
PROFESSIONAL INVESTIGATING & CONSULTING AGENCY, INC., d/b/a PICA, Plaintiff, v. HEWLETT-PACKARD COMPANY, Defendant.
On PICA's Motion for Attorneys' Fees ORDER
Plaintiff PICA's Motion for Attorneys' Fees (the "Motion") against Defendant Hewlett-Packard Company seeks fees incurred in the appeal of the case before the Delaware Supreme Court.
Hewlett-Packard Company appealed the jury's October 27, 2014 verdict and the Court's subsequent orders dated March 23, 2015 and April 7, 2015. PICA cross-appealed.
This Court has jurisdiction to award attorneys' fees following the conclusion of an appeal. An award of fees is within the Court's sound discretion.
The Court finds that neither the appeal nor cross-appeal was frivolous. Taking into consideration the totality of the damages awarded following trial, and all other relevant circumstances, the Court declines to exercise its discretion to award attorneys' fees incurred in connection with the appeal of this case to the Delaware Supreme Court.
THEREFORE, PICA's Motion for Attorney's Fees is hereby DENIED.
IT IS SO ORDERED this 8th day of February, 2016.
/s/ Mary M . Johnston
The Honorable Mary M. Johnston