Fee shifting is always the exception, rather than the rule, and a party may reasonably expect that each party will bear its own costs. In receivership actions, the receivership will usually bear its own costs. In Longoria v. Somers and LC Therapeutics, C.A. No. 2018-0190-JTL, memo. op. (Del. Ch. May 28, 2019), the Delaware Court of Chancery held that, where the receivership cannot bear the costs of the receivership, such costs may be taxed against a petitioner.

LC Therapeutics Inc. (LCT) was formed to develop and commercially exploit patents. LCT has two 50% shareholders, James Longoria and Charles Somers. Longoria owned the patents and contributed them to LCT. Somers made “significant capital contributions” to LCT.

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