Mantilla v. NC Mall Associates

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that absent explicit contractual language to the contrary, an indemnitee is not allowed to recover from the indemnitor attorneys fees incurred in defending allegations of its own independent fault
• holding an indemnitee may recover counsel fees \after-the-fact\ \if the indemnitee is adjudicated to be free from active wrongdoing regarding the plaintiff's injury[] A-3903-18T3 25 and has tendered the defense to the indemnitor at the start of the litigation\
• holding an indemnitee may recover counsel fees \after-the-fact\ \if the indemnitee is adjudicated to be free from active wrongdoing regarding the plaintiff's injury[] A-3903-18T3 25 and has tendered the defense to the indemnitor at the start of the litigation\
• finding a contract that indemnified a party \from and against any and all claims . . . caused by or arising from the negligence of [the indemnitor]\ did not explicitly indemnify that party from costs of defending against claims of its own negligence
• finding a contract that indemnified a party \from and against any and all claims . . . caused by or arising from the negligence of [the indemnitor]\ did not explicitly indemnify that party from costs of defending against claims of its own negligence
• indemnity provision did not cover losses arising from indemnitee’s own negligence where it did not “expressly state” that it would

Source: CourtListener parenthetical corpus (CC0).