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· 6/24/2011

Rosier v. Holder

Citations

  • 833 F. Supp. 2d 1
  • 2011 WL 2516152
  • 2011 U.S. Dist. LEXIS 67527

How courts have described this case

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

  • explaining that “[a] party is permitted to indemnify itself, ‘against its own negligence[,] through a contractual provision negotiated at arm’s length with a willing indemnitor.’ When such an indemnification provision exists, it should be enforced”
  • granting the defendant's motion to dismiss, finding that the existent express indemnification provision \must control the indemnity obligations\
  • granting the defendant’s motion to dismiss, finding that the existent express indemnification provision “must control the 10 indemnity obligations”
  • finding “unpersuasive” and unable to “find any authority” for the proposition that claims for contractual and equitable indemnity can co-exist
  • dismissing plaintiffs' equitable indemnification claim because there was an express contract provision governing indemnification

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilkins

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.