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Indemnity

406 published works

  1. It's Just Business

    A Bitter Dish in the Dessert Industry: Company Pays Litigation Expenses for a Corporate Officer who Won Dismissal of Its Misappropriation Claims

    By Bradley M. Risinger

    PreGel America makes and distributes products used in the gelato, ice cream and pastry business. But it alleges a far less than sweet experience with its former CEO, who the…

  2. New York Commercial Division Practice

    What’s Your Contribution? A Cautionary Tale Surrounding Third-Party Complaints

    By James R. Maguire

    As many practitioners know, it is common to dismiss a complaint for pleading defects that are readily apparent.  However, another type of complaint has recently caused a significant amount of…

  3. School Law

    CAS Legal Mailbag – 11/16/23

    By Thomas B. Mooney

    Originally appeared in the CAS Weekly Newsletter Dear Legal Mailbag: I write with a simple question, and I hope that you can provide a simple answer.  For years now, we have used…

  4. Property Insurance Coverage Law Blog

    Actual Cash Value and Indemnity

    By Chip Merlin

    The concept of actual cash value in relation to indemnity is an important study for anybody analyzing what is owed under a property insurance policy. This post follows yesterday’s discussion about…

  5. Bench & Bar of Minnesota

    Construction law: updated indemnification and wage theft rule

    By Minnesota State Bar Association

    By Jevon Bindman, Anna Barton, and Carly Johnson The 2023 legislative session spelled many changes for the construction industry, from deeming indemnification agreements in connection with public improvements unenforceable to…

  6. Tort Talk

    Pennsylvania Supreme Court Addresses Issues of Indemnification and Contribution in Context of Medical Malpractice Claim

    By Daniel Cummins

    In the case of McLaughlin v. Nahata, No. 7 WAP 2022 (Pa. July 28, 2023) (Op. by Brobson, J.)(Wecht, J., Concurring), the Pennsylvania Supreme Court, in a unanimous decision, found…

  7. Minding Your Business

    Two Reminders of The Importance of Clear Drafting: PA(GI) & Drax

    By Charles Bishop

    Two of the most common queries Proskauer’s UK litigation team is asked to advise upon are (i) the interpretation and scope of indemnities and (ii) liability caps. Over the summer,…

  8. Zalma on Insurance

    Do the Tort – Pay the Damages

    By Barry Zalma

    No Indemnity for City’s Sole Negligence See the full video at https://rumble.com/v3hwhvg-do-the-tort-pay-the-damages.html   and at https://youtu.be/JILfZvk_xUo The City of Kansas City sought contractual indemnity against Occupational Health Centers of the Southwest,…

  9. Contract Law By Numbers

    Indemnification & Limitation on Liability Clauses, by the Numbers

    By Brian Heller

    If you work with a lot of contracts, you may already know that most contracts include an “indemnification” clause. This is essentially an “I’ll protect your back” clause, making the…

  10. Delaware Corporate & Commercial Litigation Blog

    Chancery Rules: Party Did Not Have Obligation of “First Contact” for Indemnification Right to Participate in Defense

    By Francis Pileggi

    I want to thank my partner, Sean Brennecke, for his valuable contribution to this post. The titular holding was rendered in the context of whether substantial compliance was established as…