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Negligence › Indemnity

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental Assessment/Service Contract: Federal Court Addresses Scope of Indemnity for Alleged Negligence

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Co-Author JD Bruning The District Court of Maryland (“District Court”) in an April 9th Opinion addressed an issue involving a contract dispute stemming from an environmental assessment. See District of Columbia Water and...more

White and Williams LLP

Pennsylvania Hospitals Provided a Path to Offset Ostensible Agent Liability

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A recent Pennsylvania Supreme Court decision provided hospitals a path to offset liability for their ostensible agents’ negligence. In McLaughlin v. Nahata, the Court recognized that a defendant hospital could seek...more

Seward & Kissel LLP

Knock-for-Knock Indemnities

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A knock-for-knock indemnity clause is a contractual risk allocation mechanism commonly utilized in the oil and gas industry. Charterparties and other maritime contracts concerning vessels also sometimes include this concept....more

Gray Reed

Texas Court Addresses MSA Indemnity Obligations

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At issue in RKI Exploration and Production LLC v. AmeriFlow Energy Services LLC and Crescent Services, LLC. were two Master Service Agreements.  RKI was the operator of a well in Loving County; AmeriFlow and Crescent were...more

Maynard Nexsen

Understanding Indemnification Clauses

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Introduction - Construction projects are risky. Contracts allocate risks between the parties. Indemnification clauses shift risk from one party to another. Many parties pay little attention to their contracts’...more

Pillsbury Winthrop Shaw Pittman LLP

Uniwest And Virginia’s Anti-Indemnification Statute: The Trap For The Unwary Should Be Closed

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Uniwest And Virginia’s Anti-Indemnification Statute: The Trap For The Unwary Should Be Closed Source: Virginia Lawyer By James P. Bobotek 04.30.21 When preparing commercial contracts, parties strive for certainty to prevent...more

Foley & Lardner LLP

A Shield for Employers: State COVID-19 Indemnity Laws

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As states begin to reopen, employers and employees alike may be worried about exposure –both to the virus itself and to liability. States have begun to act by introducing certain legislation to protect employers, who are...more

Butler Weihmuller Katz Craig LLP

Passive Negligence And Common Law Indemnity

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BROTHER’S PAINTING & PRESSURE CLEANING CORP. V. CURRY-DIXON CONSTRUCTION, LLC ET AL. 45 Fla. L. Weekly D259b - Third District Court of Appeals - This matter stemmed from a fire within a condominium unit that was under...more

Pierce Atwood LLP

The Intersection of Workers’ Compensation Immunity and Contractual Indemnity

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The workers’ compensation statute in many states provides that the workers’ compensation benefits received by an injured employee is the employee’s exclusive remedy. The benefits are paid based on a no-fault basis and the...more

Bradley Arant Boult Cummings LLP

A Second Level of Protection to Indemnitees - Construction and Procurement Law News, Q2 2019

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It is not uncommon for indemnitees to attempt to add language to indemnification provisions providing additional liability protections from the indemnitor. And courts and legislators are wary of language in indemnity...more

Gray Reed

Choice of Law Matters in an Oilfield Indemnity Suit

Gray Reed on

Did Texas law or New Mexico law apply to knock-for-knock indemnity provisions of a Master Work and Services Agreement? When a contract itself explicitly calls for Texas law, that is likely to be the outcome, as it was in...more

Haight Brown & Bonesteel LLP

“To Indemnify, or Not to Indemnify, that is the Question: California Court of Appeal Addresses Active Negligence in Indemnity...

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In California, it is well-established that the extent of a party’s obligation under an indemnity agreement is an issue of contractual interpretation, and it is therefore the intent of the parties that should control. What is...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19516 - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. ...more

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