Indiana Court of Appeals
BioConvergence LLC and Alisa K. Wright v. Kathryn S. Eddy
24A-PL-2291
Civil plenary. Affirms the Marion Superior Court’s award of $832,578 in attorneys’ fees to Kathryn Eddy and the additional award of $259,963.50 in attorneys’ fees to Eddy. Rejects BioConvergence LLC’s argument that the trial court erred under Section 13.2 when it awarded an additional $259,963.50 in attorneys’ fees to Eddy for her costs in pursuing her fee claim. Finds that BioConvergence failed to show that it was entitled to an award of attorneys’ fees under Paragraph 9 of Eddy’s employment agreement. Agrees with Eddy that BioConvergence’s obligation under the operating agreement to indemnify her for her costs in defending herself is an ongoing one. Remands with instructions for the trial court to determine a reasonable amount of additional attorneys’ fees to award Eddy for her defense of this appeal. Attorney for appellants: Christopher Murray, Robert Burkart. Attorneys for appellee: Colin Flora, Jason Massaro.