Pontone v. Milso Indus. Corp., et al., C.A. No. 7615-VCP, letter op. (Del. Ch. Sept. 3, 2014).  This decision denied a motion for reargument of an opinion regarding advancement of fees pursuant to DGCL section 145 available to officers and directors. The nuance addressed in this case involves the types of counterclaims that are available for advancement and indemnification. This decision reiterates that such a counterclaim must be considered a compulsory counterclaim, and “necessarily part of the same dispute” as the affirmative claims asserted against the advancee, and be advanced to “defeat or offset those claims.” See Citadel Holding Corp. v. Roven, 603 A.2d 818 (Del. 1992).

Rule 59(f) motions for reargument are rarely granted, and this case was no exception to that statistical probability. In essence, the court regarded the motion as a reprise of previously rejected arguments, though perhaps providing additional details or nuances.

The prior decision in this case was recently highlighted on these pages.