AcroMed- Challenge to Indemnification (Custer Appeal)

This case concerned whether the defendant in a settled class action was entitled to indemnification from the settlement fund for the expenses of defending litigation brought against it by plaintiffs who were not bound by the settlement. We represented class members who objected to the indemnification. On November 24, 2003, the U.S. Court of Appeals for the Third Circuit held that under the terms of the settlement agreement, indemnification was proper.