Moore v. Williams

MEMORANDUM OPINION AND ORDER REGARDING DEFENDANT WILLIAMS’S MOTION FOR PARTIAL SUMMARY JUDGMENT

BENNETT, District Judge.

This htigation involves, inter alia, claims under ERISA that one of the defendants breached his fiduciary duty to the plaintiff pension fund. That defendant, while denying that he was a fiduciary of the fund, asserted in a counterclaim that, pursuant to an indemnification agreement, he was entitled to indemnification for and advance of his attorneys fees and other htigation expenses from the pension fund to defend against the pension fund’s claim that he breached his…