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DBHL, INC. v. MOEN INC.

No. 01-08-00046-CV.

312 S.W.3d 631 (2009)

DBHL, INC. and Dearborn HL, S. de R.L. de C.V., Appellants, v. MOEN INCORPORATED and Moen Sonora S.A. de C.V., Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

June 25, 2009.

Attorney(s) appearing for the Case

Marcus R. Tucker, Royston, Rayzor, Vickery & Williams LLP, Melissa Ann Mihalick, Nicole B. James, Spencer L. Edwards, The Hudgins Law Firm, Houston, TX, for Appellants.

Tonja De Sloover, Thomas C. Godbold, Fulbright & Jaworski L.L.P., Houston, TX, Amy Flaherty Hartman, David E. Koropp, Winston & Stawn LLP, Chicago, IL, for Appellees.

Panel consists of Justices BLAND, SHARP, and TAFT.

OPINION

JANE BLAND, Justice.

After DBHL, Inc. and Dearborn HL, S. de R.L. de C.V. (DBHL) settled numerous product liability claims for damages resulting from a defective plumbing part, it sued Moen Incorporated and Moen Sonora S.A. de C.V. (Moen) for indemnification based on a Texas statute and a provision of an asset purchase agreement (APA) under which DBHL acquired a prototype of a defective part. Moen counterclaimed for indemnity for attorney's fees...

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