Nedcom Holding Company v. Baxter Travenol Laboratories

After twelve years of litigation, which have witnessed three jury trials and two prior appeals, this complex commercial case is nearing its end. Medcom Holding Co. v. Baxter Travenol Laboratories, Inc., 106 F.3d 1388 (7th Cir. 1997), and its predecessor, 984 F.2d 223 (7th Cir. 1993), lay out the details. All that matters for current purposes is that Medcom Holding ("MHC") has recovered a judgment of about $7 million as damages for misrepresentations Baxter made in connection with the sale of a line of business to MHC in 1986. MHC then sought attorneys fees on the strength of this indemnity clause in its contract with Baxter: