IAC/INTERACTIVECORP v. O'BRIEN

No. 629, 2010.

26 A.3d 174 (2011)

IAC/INTERACTIVECORP, Defendant Below, Appellant, v. Wesley T. O'BRIEN, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: August 11, 2011.


Attorney(s) appearing for the Case

Peter J. Walsh, Jr., Esquire , (argued) and Meghan M. Dougherty, Esquire of Potter Anderson & Corroon LLP, Wilmington, Delaware for Appellant.

Kurt M. Heyman, Esquire and Patricia L. Enerio, Esquire of Proctor Heyman LLP, Wilmington, Delaware. Of Counsel: Mark S. Gregory, Esquire (argued) of Martin Chioffi, LLP, Stamford, Connecticut. Robert J. Hunt, Esquire of Hunt & Gross, P.A., Baca Raton, Florida for Appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc.


BERGER, Justice:

In this appeal we consider, among other matters, whether the Court of Chancery correctly applied the doctrine of laches in finding that a corporate indemnification claim was timely filed. Before filing this action, appellee, a corporate officer, had successfully litigated an indemnification claim against his former employer in Florida. But the former employer went bankrupt before the litigation concluded. Appellee then filed this action, seeking the...

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