CPLR: Contribution, indemn, liability

Question 1

General rule of joint liability

Answer 1

where two or more persons are subject to joint liability, the prevailing party is entitled to collect all of the judgment from all or any number of the liable parties

Question 2

Indemnification

Answer 2

the term applied when a contract gives a party the right to recover all of this liability from another party

Question 3

Contribution

Answer 3

where the defendant who was liable sues to collect because of the third party’s liability to that D

Question 4

Employee injuries

Answer 4

a third party (like a manufacturer) cannot sue for contribution or indemnity from the employer unless the employee is gravely injured OR the employer has a contractual obligation to indemnify

Question 5

Settlement

Answer 5

if a joint tortfeasor settles before trial, they give up the right to sue a later-determined-to-be liable other tortfeasor

Question 6

Distribution of liability

Answer 6

parties 50% or under will only be liable for their share of NON-economic losses