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BALDWIN v. NEW WOOD RESOURCES LLC

No. 303, 2021.

283 A.3d 1099 (2022)

Richard BALDWIN, Defendant/Counterclaim-Plaintiff Below, Appellant, v. NEW WOOD RESOURCES LLC, Plaintiff/Counterclaim-Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: August 16, 2022.

Attorney(s) appearing for the Case

Sean J. Bellew, Esquire (argued), Bellew, LLC, Wilmington, Delaware. Of Counsel: Chris L. Gilbert, Esquire , Gilbert PC, Dallas, Texas, for Appellant.

Richard P. Rollo, Esquire (argued), Travis S. Hunter, Esquire , Renée Mosley Delcollo, Esquire , Richards Layton & Finger, P.A., Wilmington, Delaware for Appellee.

Before SEITZ, Chief Justice; VALIHURA, VAUGHN, TRAYNOR, and MONTGOMERY-REEVES Justices, constituting the Court en Banc.

This appeal involves a breach of contract claim arising out of an indemnitee's refusal to repay money advanced pursuant to an LLC Agreement. Under the LLC Agreement, a Person is entitled to indemnification if the Person acted in good faith and in a manner believed to be in or not opposed to the best interests of the Company.

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