Jonathan Stewart v. Geostar Corporation

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 11a0452n.06
No. 10-1180
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
JONATHAN STEWART,
Plaintiff-Appellant,
v.
GEOSTAR CORPORATION,
Defendant-Appellee.
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ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT FOR THE EASTERN
DISTRICT OF MICHIGAN
O P I N I O N
BEFORE: NORRIS, ROGERS, and GRIFFIN, Circuit Judges.
PER CURIAM. Plaintiff Jonathan Stewart appeals the decision of the district court denying
him attorneys fees after succeeding with litigation against defendant GeoStar Corporation.
Under the governing law of the state of Delaware, plaintiff was required to prove by clear
evidence that defendant “engaged in bad faith conduct, which unnecessarily prolonged or delayed
[the] litigation or knowingly asserted frivolous claims.” Nogy v. Bistricer, 770 A.2d 43, 64-65 (Del.
Ch. 2000) (internal quotations marks omitted). Because the district court was “unable to find that
Defendant defended this action in bad faith, nor that any specific argument made by Defendant was
made in bad faith,” it denied attorneys’ fees.
We review the district court’s conclusion not to award an attorney fees sanction for abuse of
discretion. Fieger v. Cox, 524 F.3d 770, 774 (6th Cir. 2008). Having reviewed the cold record in

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No. 10-1180
Stewart v. GeoStar
this case, the briefs of the parties, and having entertained oral argument, we are unable to say that
the district court abused its discretion in denying plaintiff’s request for attorneys’ fees.
Accordingly, the judgment of the district court is affirmed based on the reasoning set forth
in its Order filed on November 5, 2009.
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