Joy Goodwin Adams v. Tiffany Rudd Atkinson, Katherine M. Rudd, Goodwin Capital Partners, Ltd., and Katisam, Inc…

Summary

The court held that “hold harmless” and “indemnify” are synonymous as used in the parties’ 2013 agreement. Because the agreement plausibly required the defendants to reimburse Joy for attorneys’ fees she paid to a corporate trustee after that trustee successfully defended litigation, dismissal under Rule 12(b)(6) was improper. The judgment was reversed and the case remanded for further proceedings.