SUMMARY
Think common-law indemnity is dead in Oregon? Well think again. Not only might you be surrendering an entitlement to 100% restitution, but also sacrificing a right to recover defense costs. Get Annie & the Octopus, 2018 Edition, and be fully prepared to meet indemnity head on.
DESCRIPTION
• 1 volume; paperback
• 215 pages
• Publication Date: November 2018
• Authors: E. Richard Bodyfelt, Barry M. Mount, and Roger K. Stroup
Did you ever think a law book could be entertaining? And if, against all odds, you found an entertaining law book, what do you think its topic would be? You probably wouldn’t have guessed “common-law indemnity.” Well, Annie & the Octopus is here to surprise you. In engaging fashion, this book gives down-to-earth advice on asserting and defending a common-law indemnity claim. It tackles complex statutes and confusing case law to cover the following subjects:
• history of common-law indemnity
• elements and proof required
• statutes of limitation and repose
• vouching in
• settlement of the underlying case
• defense-cost indemnity
• predictions for the future of indemnity
This is not your typical law book. If you want a stodgy old tome of dry legal writing, look elsewhere. You might just find yourself reading Annie & the Octopus for fun.
TABLE OF CONTENTS
1 Introduction
2 Common-Law Implied Indemnity—Bygones and Backdrop
3 Fault: The Illusive Chameleon
4 Pleading and Proving an Indemnity Claim
5 Surviving an Eclectic Shock
6 Statutes of Limitation and Repose
7 Common-Law Vouching-In: “Indemnity Made Easy” (and Other Lies)
8 Vouching “Out” or “A Fool and His Vouch Are Soon Parted”
9 Pleading and Proving Indemnity after Settlement of the Third-Party Claim
10 Recovery of Defense Costs
11 Indemnity: Back to the Future—“Salvation and Soothsaying”
12 Astoria Revisited—“Paradox, Problems, and Proposals”