8 results for 'cat:"Indemnification" AND cat:"Attorney Fees"'.
Magistrate David grants litigation expenses to the former CEO of a company that failed to disclose a government investigation to a buyer prior to merger because the CEO is entitled such under the governing bylaws and indemnification agreement. However, the CEO is not entitled to advancement for expenses incurred in his prior declaratory judgment action.
Court: Delaware Chancery Court, Judge: David, Filed On: February 19, 2024, Case #: 2023-1079-BWD, Categories: Corporations, indemnification, attorney Fees
J. Rubin grants, in part, the property owners’ motion for summary judgment on liquidated damages in this dispute involving an insurer’s failure to pay out on an insurance claim and refused to defend the owners from a neighbor’s lawsuit over flooding on their property. In a previous court order the owners were granted partial summary judgment for the contract claim and it was determined there was a duty to defend for the insurer. The parties have filed a joint stipulation for the attorney fees. The owners now argue how prejudgment interest should be calculated and indemnification for unpaid or future attorney fees and expenses. Therefore, the joint stipulation for attorney fees and expenses, and the owners are entitled to prejudgment interest summary judgment is granted. The owner’s motion as to identification is denied but they may seek an award or move to amend judgment if entitlement matures in the future.
Court: USDC Maryland, Judge: Rubin, Filed On: February 14, 2024, Case #: 1:20cv1012, NOS: Insurance - Contract, Categories: Insurance, indemnification, attorney Fees
J. Bryson declines to dismiss contract claims concerning an asset sale but vacates a prior ruling on the counterclaim by finding that indemnification for litigation fees and expenses is not time-barred under the purchase agreement. This aligns with the seller's argument that settlement proceeds constitute "insurance proceeds" under the agreement, a critical question that must be decided at trial.
Court: USDC Delaware, Judge: Bryson, Filed On: October 16, 2023, Case #: 1:21cv679, NOS: Other Contract - Contract, Categories: indemnification, attorney Fees, Contract
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J. Early grants partial summary judgment in favor of an insurance firm in a lawsuit accusing a construction company and another business of breaching contractual indemnity obligations regarding surety bonds issued for various public works construction projects that were not completed. Arch argues the losses total over $12 million, which includes over $300,000 in attorney fees. The motion for attorney fees is denied and it is ordered that the business must pay the unpaid claims totaling over $11 million.
Court: USDC Central District of California, Judge: Early, Filed On: September 18, 2023, Case #: 5:21cv1876, NOS: Other Contract - Contract, Categories: indemnification, attorney Fees, Contract