Supreme Court of Delaware
City of Newark v. Durkin
August 28, 2023
Summary
The Supreme Court of Delaware held that the settlement agreement required the defendants to indemnify the City for fees and costs incurred defending the 2019 Declaratory Judgment Action. The action sought an order requiring the City to assist the defendants in their Pennsylvania litigation, so it was related to and arose out of that litigation under the agreement's broad indemnification language. The court reversed the Superior Court's contrary summary-judgment ruling and remanded for further proceedings.