Skip to main content

November 8, 2013

Berkowitz Oliver Obtains Summary Judgment for Client in Indemnification Lawsuit

After successfully litigating claims against Karen Pletz, the former President and CEO of KCUMB, Ms. Pletz’s former law firm brought a claim against KCUMB seeking to enforce her alleged indemnification rights.  Berkowitz Oliver attorneys Jeff Morris and Tim West moved for summary judgment claiming that the indemnification claim could not survive as a matter of law.  The trial court agreed and a final judgment was entered in favor of the firm’s client without the need for a trial.  The trial court’s decision was not appealed.

During the underlying litigation, Ms. Pletz claimed a right to advancement of litigation costs under the KCUMB bylaws.  The trial court agreed with Morris and West that her advancement claims should be dismissed and granted the motion to dismiss that the firm filed on behalf of its client.  Ms. Pletz appealed and the Court of Appeals also agreed with Berkowitz Oliver ending in a judgment on behalf of the firm’s client.

Read Opinion Here