Sternberg v. Nanticoke Meml. Hosp.

Full title: Richard J. Sternberg, M.D. v. Nanticoke Memorial Hospital, et al

Court: Superior Court of Delaware, Sussex County

Date published: Apr 29, 2009

C.A. No. 07C-10-011(THG) (Del. Super. Ct. Apr. 29, 2009)

Opinion

C.A. No. 07C-10-011(THG).

April 29, 2009.

Matthew Carucci, Esquire, Carucci Butler, LLC, Wilmington, DE.

David R. Hackett, Esquire, Griffin Hackett, P.A., Georgetown, DE.

Christopher Iacono, Esquire Kevin E. Raphael, Esquire, Pietragallo Gordon Alfano Bosick Raspanti, LLP, Philadelphia, PA.

T. HENLEY GRAVES, Resident Judge

Dear Counsel:

The parties have submitted their respective positions in regard to the Rule 11 award of attorney's fees granted in the Court's decision of March 18, 2009.

Attorney's fees were ordered to Plaintiff for what the Court determined to be a frivolous counterclaim by the Defendant.

The Court ordered both Plaintiff's counsel and Defendant's counsel to provide proof of their attorney's fees. In contentious cases, I will ask both sides to provide the Court with what they have expended to determine if the prevailing party's fees are out of line. Both parties have spent much money, too much money. As I suggested earlier, there will be no winners in this case because it seems to have boiled down to getting a pound of flesh.

For the matter before me, Plaintiff's counsel seeks $12,273.56 in connection with the Rule 11 Motion and reargument matters. Defense counsel reports billing of approximately $11,300 to defend this motion.

The award of attorney's fees in this case is not so much about the reasonableness of the determination. General Motors Corp. v. Cox, 304 A.2d 55 (Del. 1973), but more about deterring comparable conduct by others.

Considering the purpose of the rule, I am awarding $7,500.00 in attorney's fees payable by Defendant within thirty (30) days.