Supreme Court of Delaware
Union Pacific Corp. v. Clean Harbors, Inc.
January 7, 2019
Summary
The Court affirmed the judgment awarding Clean Harbors damages under the indemnification provision for environmental cleanup at the Wichita facility. It held that the verdict form, considered with the instructions and trial presentations as a whole, did not misleadingly permit an improper damages award, and that the evidentiary rulings, denial of a new trial, and jury verdict were within the trial court's permissible discretion and evidentiary support. The Court also affirmed the denial of Clean Harbors' request for fees and costs because the indemnification provision did not cover those amounts.