Document: Paolino v. Mace Security Intn’l, C.A. No. 4462-VCL, Laster, V.C. (Del. Ch. Dec. 14, 2009)
The Court denied defendant’s motion to dismiss plaintiff’s complaint for indemnification and advancement in connection with a pending arbitration involving the parties, staying the action as to the request for indemnification and granting summary judgment in favor of plaintiff as to the advancement claim. The Court found that it was premature to address indemnification while the underlying arbitration was ongoing, but the Company’s by-laws provided for mandatory advancement rights with respect to matters such as those involved in the arbitration, which were not altered by plaintiff’s employment agreement.