Bernkopf’s Bob Stetson Quoted in Massachusetts Lawyers Weekly about Important Attorneys’ Fees Case
In Harris, et al. v. Imaging Advantage LLC, a Massachusetts Superior Court judge rejected an attorneys’ fees request based on an indemnification clause. As explained by Bernkopf’s Bob Stetson to Massachusetts Lawyers Weekly, the Court conducted a “meticulous” analysis of the indemnification provision and concluded based on several canons of contract interpretation that the provision was intended to protect the non-breaching party from third-party claims only, and not from attorneys’ fees in disputes between the parties themselves. As Stetson observed: “The practice point is that fee shifting through indemnity clauses is perfectly acceptable. However, the clause better be written correctly because courts will scrutinize these provisions in light of the very important American Rule.”
For the full article, visit the Massachusetts Lawyers Weekly website.