The first is that the Court of Chancery failed to take into consideration Bay Capital’s argument that the award of fees and costs should be offset by a mootness fee which Bay Capital claimed under the corporate benefit doctrine. The order appealed from is a Court of Chancery final order which granted summary judgment in favor of BNED and ordered Bay Capital to pay BNED attorneys’ fees and costs in the amount of $850,617.49 “n view of bad faith conduct and abusive litigation tactics”1 Bay Capital contends that the Court of Chancery committed two errors in connection with the award of fees and costs. (“BNED”) and present or former members of BNED’s board of directors. The Defendants-Appellees are Barnes and Noble Education, Inc. ORDER On this 30th day of March 2021, upon consideration of the parties’ briefs and the record on appeal, it appears that: (1) The Plaintiff-Appellant in this appeal is Bay Capital Finance, L.L.C. 2019-0539-KSJM Submitted: JanuDecided: MaBefore SEITZ, Chief Justice VALIHURA and VAUGHN, Justices. 239, 2020 Court Below: Court of Chancery of the State of Delaware C.A. ![]() HUSEBY, EMILY CHIU, DANIEL DEMATTEO, DAVID GOLDEN, JOHN RYAN, JERRY SUE THORNTON, AND DAVID WILSON, Defendants Below, Appellees. BARNES AND NOBLE EDUCATION, INC., MICHAEL P. IN THE SUPREME COURT OF THE STATE OF DELAWARE BAY CAPITAL FINANCE, L.L.C., Plaintiff Below, Appellant, v.
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