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HALYARD HEALTH, INC. v. KIMBERLY-CLARK CORP.

No. B294567.

43 Cal.App.5th 1062 (2019)

HALYARD HEALTH, INC., Plaintiff and Appellant, v. KIMBERLY-CLARK CORPORATION, Defendant and Respondent.

Court of Appeals of California, Second District, Division Five.

As modified January 2, 2020.

Attorney(s) appearing for the Case

Munger, Tolles & Olson, George M. Garvey , Mark R. Yohalem , Jordan D. Segall and Lauren C. Barnett for Plaintiff and Appellant.

Gibson, Dunn & Crutcher, Theodore J. Boutrous, Jr. , Julian W. Poon , Theane Evangelis and William F. Cole for Defendant and Respondent.

OPINION

When Delaware corporation Kimberly-Clark Corporation (Kimberly-Clark) spun off its health care division to create a new Delaware company, Halyard Health, Inc. (Halyard), the two companies agreed Halyard would indemnify Kimberly-Clark for any liability resulting from many

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