In re the Appeals of the Mayor of Jersey City

How courts have described this case

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

• “Where the indemnitee’s liability is merely constructive, vicarious or derivative, the burden for the entire loss may be shifted to the indemnitor whose actual fault caused the injury”
• Equitable indemnification is “allowed where the indemnitee has without fault or only through passive negligence failed to discover...a defect in products created or supplied by the [actively negligent} indemnitor.”
• “[A pleading which denies legal causation] fails to concede — indeed it negates . . . —the predicate for indemnity that some form of ‘second ary’ liability will have been established against the party seeking in demnity”
• “[The theory of implied contractual indemnity] applies a restitutionary principle to the situation where one person discharges a liability that has been imposed on him by operation of law, but which — because of another’s ‘primary’ fault — should have been discharged by the other”

Source: CourtListener parenthetical corpus (CC0).