Posted In: Litigation
Business Litigation Blog: Contractual Indemnity for Settlements in Doubt
By David Sporar on June 7, 2021
Contractual indemnity is a way to transfer risk under a contract. In general, one party (the indemnitor) promises to pay the other party (the indemnitee) for any "loss" the indemnitee suffers in connection with its activities under the contract. Such "loss" can arise when, for example, the indemnitee is sued for its activities under the contract, is found liable, and is required to pay someone else money as damages. The indemnitee may turn around and demand that the indemnitor pay it what it had to pay someone else. The arrangement seems simple enough when the contract language and the amount of the loss are clear and undisputed, but that is rarely the case. One area of dispute is when the indemnitee settles the underlying claim against it before any judgment is entered....
Posted In: Litigation
Litigation Blog: Attorney Fees Remain Available as Compensatory Damages for Breach of Settlement Agreement
By David Sporar on December 8, 2020
Whether one can recover attorney fees incurred in a lawsuit, in addition to standard monetary damages, is a common question clients have when they are required to sue others to vindicate their rights and recover for their harm. Typically, the answer to that question is: no....
Posted In: Litigation
Business Litigation Blog: Significant Amendments to Ohio Rules of Court
By David Sporar on July 8, 2020
David Sporar discusses recent amendments to the Ohio Rules of Court, effective July 1, 2020, that will, in some respects, change the way civil litigators manage their cases in Ohio courts....