Corvus Energy Ltd. v. 1169997 Ontario, Ltd.

The Ninth Circuit affirmed the district court's grant of summary judgment for defendant in a third party contribution and indemnification action regarding fire damage to a tugboat. In McDermott, Inc. v. AmClyde, 511 U.S. 202 (1994), the Supreme Court addressed the issue of whether non-settling defendants in admiralty cases may seek contribution from a settling defendant. The Ninth Circuit affirmed the district court's ruling because Corvus settled with Foss and no fact-finder made a determination of fault, Foss explicitly released all claims against Corvus related to AKA's wrongdoing, and allowing Corvus’s indemnity action would dissuade settlement, contrary to the Supreme Court's rationale in AmClyde. View "Corvus Energy Ltd. v. 1169997 Ontario, Ltd." on Justia Law