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Summaries and analysis of recent Delaware court decisions concerning business-related litigation.

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Showing 2 posts in Indemnification.

Superior Court Rules When Fees Recoverable

Posted In Indemnification

Clean Harbors Inc. v. Union Pacific Corporation, No. N15C-07-081 MMJ CCLD (Nov. 15, 2017)

When an obligation to indemnify includes the fees incurred in the underlying litigation is a surprisingly frequent question. This decision works its way through a series of contractual provisions to answer that question. The lesson is that the contract needs to specifically say fees are to be included.

The Court of Chancery Examines Indemnification Requirements

Posted In Indemnification

Horne v. Optimiscorp, C.A. No. 12268-VCS (Mar. 3, 2017) 

This officer indemnification case arises out of one of the more sordid tales to appear in a Court of Chancery opinion and a later Delaware Supreme Court affirmance.  This opinion, however, focuses on the less titillating but always intriguing question of whether the officer was sued by reason of the fact that he was an officer, as required to trigger indemnification rights.