Defendants awarded over $11.8 million in costs following dismissal of unfounded fiduciary duty claims.
Following the dismissal of the plaintiff's action for breach of fiduciary duty and knowing assistance, the defendants sought costs.
The Primary Defendants sought full indemnification pursuant to the plaintiff's corporate by-laws, while the Consultant Defendants sought full indemnity costs based on the plaintiff's unfounded allegations of dishonesty and self-dealing.
The court awarded the Primary Defendants full indemnification totaling over $9.4 million, finding no reason to depart from the by-laws.
The Consultant Defendants were awarded substantial indemnity costs of approximately $2.4 million, as the plaintiff's conduct in pursuing serious, unfounded allegations justified an elevated scale of costs.
SCJSuperior Court of JusticeMay 4, 2026
