The Daniel Patrick Moynihan U.S. Courthouse in the Southern District of New York, at 500 Pearl St. Photo: Ryland West/ALM The TVPA Does Not Preempt State Indemnification and Contribution Claims
Although some courts have concluded that indemnification and contribution claims are available for claims arising under a federal statute only if the statute expressly or impliedly provides for them, other courts have addressed the issue by conducting a traditional preemption analysis. The Second Circuit has not addressed the issue, and district courts within the circuit have taken both approaches. District Judge Jed S. Rakoff of the Southern District of New York recently addressed this issue in the context of the Trafficking Victims Protection Act.
December 18, 2023 at 09:51 AM
9 minute read
When a defendant is sued, it often may assert indemnification or contribution claims against a co-defendant or third party. When a defendant is sued under a federal statute, the defendant may assert indemnification or contribution claims if such claims expressly or impliedly are contemplated by the statute. If not, indemnification or contribution still may be available if state law allows for such relief under similar circumstances.
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