Supreme Court of Delaware

In an action involving a merger agreement, trial court's grant of defendant's motion for summary judgment is reversed where: 1) plaintiff's contractual indemnification claim for attorney's fees cannot be barred by res judicata as the claim was never litigated or adjudicated in a prior proceeding; and 2) the statute of limitations does not bar the indemnification claim as it was timely filed after the final decision regarding the merger agreement.

Appellate Information

• Decided 03/13/2009
• Published 03/13/2009

Judges

• HOLLAND, Justice., Before STEELE, Chief Justice, and HOLLAND, Justice, and NOBLE, Vice Chancellor.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Jon E. Abramczyk, Esquire (argued), and John P. DiTomo, Esquire, Morris, Nichols, Arsht & Tunnell, LLP, Wilmington, Delaware, for appellants.


• For Appellees:
  
• Rolin P. Bissell, Esquire (argued), Elena C. Norman, Esquire, Kathaleen McCormick, Esquire, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, Delaware, for appellee.