Kathleen Jennings, Attorney General of the State of Delaware v. Hugh M. Durden, et al.

Analysis Group was retained by counsel for the Attorney General of the State of Delaware in connection with her breach-of-contract and breach-of-trust action against the trustees of the Alfred I. duPont Testamentary Trust and The Nemours Foundation. The Delaware Attorney General alleged that the defendants improperly classified certain expenditures under a 1980 court-approved agreement limiting trust spending outside Delaware. The Florida Attorney General intervened, challenging the Delaware Attorney General’s authority to enforce the Trust.

An Analysis Group team led by Managing Principal Michael Cliff, Vice President Evan Carter, and Manager Samuel Spare supported expert Steve Huebner in analyzing financial records and expenditure data to evaluate the classification and allocation of costs across Delaware and other states. Huebner submitted expert reports and testified at deposition regarding the defendants’ compliance with the agreement’s spending requirement.

Earlier in the litigation, a Florida appellate court reversed the trial court’s judgment against the Delaware Attorney General, allowing her claims to proceed. The case settled shortly before trial, and the parties reached an agreement committing $950 million over 11 years to advance the health and wellbeing of children in Delaware and establishing the Alfred I. duPont Charitable Fund for Delaware’s Children.