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PONTONE v. MILSO INDUSTRIES CORP.

C.A. No. 8842-VCP.

100 A.3d 1023 (2014)

Scott PONTONE, Plaintiff, v. MILSO INDUSTRIES CORPORATION and The York Group, Inc., Defendants.

Court of Chancery of Delaware.

Decided: August 22, 2014.

Attorney(s) appearing for the Case

Philip A. Rovner, Esq. , Jonathan A. Choa, Esq. , Potter Anderson & Corroon LLP, Wilmington, Delaware; Valeria Calafiore Healy, Esq. , Healy LLC, New York, New York; Attorneys for Plaintiff.

Brian M. Rostocki, Esq. , John C. Cordrey, Esq. , Reed Smith LLP, Wilmington, Delaware; Steven Cooper, Esq. , Danielle J. Marlow, Esq. , Reed Smith LLP, New York, New York; Attorneys for Defendants.

OPINION

PARSONS, Vice Chancellor.

This is an action by a former officer and director of two Delaware companies for advancement from those companies of the legal fees and expenses he has incurred in underlying litigation between the parties in a federal court in Pennsylvania. Although the Pennsylvania action has been pending since 2010, the complaint only seeks indemnification from January 2013. The Pennsylvania...

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