Modern disputes, especially for sophisticated business enterprises, often go beyond the “one plaintiff, one defendant” model. Whether they arise before, during, or after litigation, claims related to the potential liability of third parties are prevalent. In a Parker Poe webinar, Jason Herndon and Kevin Dunlap reviewed two of the most common means of pursuing recoupment or mitigation of losses against third parties – claims for indemnity and contribution. Highlights included:
- Contractual indemnification issues to consider
- Common law indemnity theories
- Contribution rights among joint tortfeasors
- Special contractual arrangements that may alter the parties’ rights