Tag Archives: Indemnification

Contract – Civil Practice – Motion to Amend – Futility – Indemnity Claim – Implied – Maryland Law – Shipping Damage (access required)

Gregory Poole Equipment Co. v. ATS Logistics Services, Inc. (Lawyers Weekly No. 14-02-0399, 8 pp.) (Terrence Boyle, J.) 5:13-cv-00549; E.D.N.C. Holding: Where the contract between the third-party plaintiff-carrier and the third-party defendant-shipper/manufacturer does not say the manufacturer will indemnify the ...

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Domestic Relations – Separation Agreement & Property – Settlement – Car Loan – Breach of Contract – Indemnification (access required)

Nix v. Nix Although the defendant-wife did not obtain the advice of counsel before she signed the parties’ separation agreement and property settlement (SAPS), she had the opportunity to do so during the several months she held on to the SAPS prior to signing it. Moreover, she accepted the child support that the plaintiff-husband paid pursuant to the SAPS, implicitly acknowledging that she considered the SAPS to be binding and legally enforceable.

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Contract – Breach of Contract – Indemnification (access required)

One Beacon Insurance Co. v. United Mechanical Corp. Even when an indemnification clause exists in a contract, a party cannot recover from a subcontractor whose employee is injured on the job and sues the party without a showing that the injuries arose from some act or omission of the subcontractor. Trial court ruling of summary judgment for defendant is affirmed.

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Tort/Negligence – Premises Liability – Indemnification – Motion to Dismiss – State Court Action – Release (access required)

Steelcase Inc. v. M.B. Haynes Corp. (Lawyers Weekly No. 10-04-0852, 13 pp.) (Martin Reidinger, J.) W.D.N.C. Holding: A defendant being sued for indemnification or contribution in a negligence case cannot be granted summary-judgment relief because the jury found the primary ...

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