Fireside Motors, Inc. v. Nissan Motor Corp. in U.S.A.

How courts have described this case

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

• recognizing that a right to indemnification may be implied “when there are unique special factors demonstrating that the parties intended that the putative indemnitor bear the ultimate liability” (internal quotation marks omitted)
• cause of action for indemnity exists “independently of statute, and whether or not contractual relations exist between the parties”
• claim for indemnification against manufacturer of defective product available to retailer who becomes liable to a customer for the sale of that product
• relying on “special relationship” test set forth in Araujo
• plaintiff, sued by a third party, claimed that defendant was answerable to the plaintiff, and gave notice that if the defendant did not come in and defend the plaintiff, the defendant “would be bound by any determination of fact common to the two litigations”
• assuming existence of implied indemnification

Source: CourtListener parenthetical corpus (CC0).