5th Circ. Revives Bruks Indemnity Bid For Defects Suit

Law360, New York (June 24, 2011, 4:09 PM EDT) -- The Fifth Circuit on Thursday revived Bruks Inc.'s claims that Mid-South Engineering Co. cover it for any damages in an underlying breach of contract suit brought by Martco LP over allegedly defective equipment for a Louisiana manufacturing plant.

A three-judge panel disagreed with a Louisiana federal court that the indemnity sought by Bruks was limited solely to claims involving a contractor-subcontractor or employer-employee relationship between the party seeking indemnity and the party actually at fault. On those grounds, the lower court in June 2010 granted Mid-South's...
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