Shawe v. Elting

Philip Shawe appealed a Chancery Court order sanctioning him for misconduct throughout litigation with his current business partner and former romantic partner, Elizabeth Elting. After an evidentiary hearing, the Chancery Court found that Shawe deleted documents from his computer, recklessly failed to safeguard his cell phone, improperly gained access to Elting’s e-mails, and lied multiple times under oath. The court also found that Shawe’s improper conduct impeded the administration of justice, unduly complicated the proceedings, and caused the court to make false factual findings. The Court ordered Shawe to pay 100% of the fees Elting incurred in connection with bringing the motion for sanctions, and 33% of the fees she incurred litigating the merits of the case, awarding Elting a total of $7,103,755 in fees and expenses. Shawe appealed, arguing: (1) the Court erred by finding that he acted in bad faith when he deleted the files from his laptop and failed to safeguard his cell phone; (2) the Court erred for failing to afford him criminal due process protections before sanctioning him for “perjury”; and (3) the Court erred by awarding Elting an excessive fee. After review, the Supreme Court found no errors and affirmed. View "Shawe v. Elting" on Justia Law