United States Third Circuit

In a declaratory action disputing whether plaintiff, a nonprofit involved in the development and publishing of standards relating to materials and products, was required to indemnify defendants in relation to an underlying antitrust action, judgment for defendants is affirmed in part where the district court correctly found that plaintiff had a duty in accordance with its bylaws to indemnify defendants for their attorney's fees and settlement costs relating to the underlying suit. However, the appeal is dismissed for lack of jurisdiction to the extent it related to an award of attorney's fees defendants incurred in the current action, and the matter is remanded for further proceedings.

Appellate Information

• Argued 12/14/2006
• Decided 03/06/2007
• Published 03/06/2007

Judges

• GREENBERG, Circuit Judge., Before FISHER, CHAGARES, and GREENBERG, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Marc J. Sonnenfeld (argued), Karen Pieslak Pohlmann, Morgan, Lewis & Bockius, Philadelphia, PA, Attorneys for Appellant.


• For Appellees:
  
• William W. Jacobs (argued), Thompson Hine, Cleveland, OH, Attorneys for Appellees.