Document: Levy v. HLI Operating Co., C.A. No. 1395-VCL, Lamb, V.C. (Del. Ch. May 16, 2007)
The Court granted partial summary judgment to the defendant corporation in a suit where former directors were seeking indemnification and fees under 8 Del. C. § 145, where the action was more properly characterized as a suit for contribution by the stockholder who nominated the directors and had previously indemnified them. The Court also required the return of the fees advanced to the directors by the company thus far in the indemnification litigation.