Iac/interactivecorp, Defendant Below, Appellant v. Wesley T. O’brien, Plaintiff Below, Appellee

Summary

The Supreme Court affirmed the Court of Chancery’s judgment that O’Brien’s indemnification claim was timely under laches despite the ordinarily applicable three-year limitations period. The court held that unusual circumstances—including O’Brien’s diligent pursuit of the claim, the pending Florida litigation controlled by IAC, the intervening bankruptcy, and the Florida courts’ determination that the claim was meritorious—justified disregarding the analogous limitations period. The court also affirmed the award of hourly, premium, and contingent attorneys’ fees as actually and reasonably incurred.