Topic
Indemnity
406 published works
Securities Law Prof Blog
Bear Stearns Amends Indemnification Bylaw
Bear Stearns has posted at its website Shareholder FAQs about the Morgan-Bear merger. One question, and answer:How could this have happened to an 85 year old firm?Extraordinary conditions have existed…
Constructlaw®
U.S. District Court in Maryland Holds Contractor Barred from Recovering Consequential and Incidental Damages for Breach of Contract from Manufacturer of Steel Formwork Where Exclusive Remedy of Repair and Replacement Did Not Fail of Its Essential Purpose, But Denies Summary Judgment as to Some Negligence and Indemnity Claims
By Constructlaw
Potomac Constructors, LLC v. EFCO Corp. 2008 U.S. Dist. LEXIS 1602 (D. Md, Jan. 9, 2008) Plaintiff general contractor and Defendant manufacturer entered into a purchase order agreement under which…
Legal Profession Blog
Limited Indemnification
The New Jersey Supreme Court held that a private attorney who is serving as solicitor for a board of education is not entitled to indemnification in defense of a civil…
Insurance Law Hawaii
Insuring Sub-Contractor’s Indemnity for Contractor’s Negligence
The Fifth Circuit Court of Appeals recently considered whether an insurer must cover a subcontractor’s contractual obligation to indemnify the contractor for the contractor’s negligence. XL Specialty Ins.…
EvidenceProf Blog
Unsettling Decision: District Court Misapplies Rule 408 in Indeminifcation Decision
By Colin Miller
The District Court for the Western District of Kentucky recently made an inexplicable decision in Westlake Vinyls, Inc. v. Goodrich Corp., 2007 WL 3046519 (W.D. Ky. 2007). In Goodrich, Westlake…
La Revue
Point de vue sur les garanties de passif
A l’occasion de la sortie chez EFE, de la 3ème édition de l’ouvrage « Les Garanties de passif » qu’il a co-écrit avec Philippe TORRE, Christian HAUSMANN vous fait part…
Constructlaw®
NY District Court Holds Trade Contractor’s Insurer Obligated to Indemnify CM Even Though Trade Contractor Found Not Negligent
By Constructlaw
Turner Constr. Co. v. Am. Mfrs. Mut. Ins. Co. 2007 U.S. Dist. LEXIS 32640 (S.D.N.Y. Apr. 30, 2007) Plaintiff Turner Construction Company entered into a construction management agreement with Central…
Delaware Corporate & Commercial Litigation Blog
“Fees On Fees” For Indemnification Claim Not Allowable Unless Claim Succeeds
In Levy v. HLI Operating Co., Inc., 2007 WL 1452934 (Del. Ch., May 16, 2007), read opinion here, the Delaware Chancery Court decided as a matter of Delaware public policy and statutory…
Labor Law Prof Blog
An Unusual Sexual Harassment Case from Higher Education
It is not every day that you see a university agreeing to indemnify a professor accused of sexual harassment (via Inside Higher Ed):A professor who was sued for sexual harassment…
The Contingency
Duty to Indemnify? Third Circuit Says Yep.
Earlier today, Blawgletter described an Eighth Circuit decision relating to insurance for acts and omissions of corporate directors and officers. That case involved coverage for the direct liability of Ds…