Eclectic Investmetn, LLC v. Patterson

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “Nevertheless, the county had incurred costs in defending against plaintiffs claim, and it pursued its cross-claim for indemnity to collect those costs from the contractor.”
• an indemnity claimant must show that it “has discharged a legal obligation owed to a third party”
• “The doctrine of common-law indemnity was developed before comparative responsibility and is inconsistent with its framework.”
• “The county argues that, under Astoria, its negligence was merely passive and, therefore, the contractor ought to pay the fees and costs that the county incurred in defending against plaintiffs negligence claim.”
• “Oregon’s comparative fault 25 system eliminates the need for judicially created indemnity in 26 situations like this one-in which a defendant is liable, if at 27 all, for only the damages that resulted from its own 28 negligence[.]”
• describing the ele- ments of common-law indemnity

Source: CourtListener parenthetical corpus (CC0).