Does an award of attorney fees and expenses under an indemnification theory include expenses incurred to establish a right to sue the alleged indemnitor?
MultiRegion, United States of America
The following excerpt is from Weston v. Globe Slicing Mach. Co., 621 F.2d 344 (9th Cir. 1980):
It should also be noted here that the award of attorney fees and expenses under an indemnification theory does not include the expenses incurred to establish the right to such an award against the alleged indemnitor. Flunker v. United States, 528 F.2d 239 (9 Cir. 1975).
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