Practice Tip: Common-Law Indemnification

October 2012LJN's Prodcut Liability Law & Strategy

This article provides an in-depth discussion of the concept of common-law indemnification, using New York State to illustrate how the law has evolved in that state, from the inception of contribution as an available remedy through the present day interpretation by the courts. Although this concept by definition derives from the "common law," practitioners should be aware that many states have their own peculiarities that must be identified at the outset of any litigation so that an appropriate strategy can be devised.