Pleading and Procedural Considerations in Nebraska in Subrogation, Contribution, and Indemnity Actions
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Busick, Denzel R.
INTRODUCTION|Often when an allegedly injured party has brought a lawsuit, a thorough investigation by the defense will reveal that conduct by one or more persons or entities other than the named defendant contributed to the plaintiff's purported damages. The defense must then determine whether an action should be commenced against any such potential parties. If so, a further decision must be made as to when and upon what theory such third-party action should be brought. In making these decisions, the defense is first faced with some practical considerations as to whether bringing another party or parties into the action on a third-party complaint will strengthen or weaken the defense of the main case, and whether, if by waiting until the initial case is tried, they will have waived any rights of recovery against such other party or parties. If a decision is made to settle with the plaintiff without having brought the third party or parties into the action, how can that settlement best be structured so as to preserve any further action against such other parties? In order to address these practical questions, it is necessary to have a full understanding of the potential theories of recovery on third-party claims. The equitable concepts which usually come into play in making these determinations are (1) subrogation, (2) contribution, and (3) indemnity....
19 Creighton L. Rev. 278 (1985-1986)
Creighton University School of Law