Tuesday, May 15, 2012

Forthcoming Article in SCDTAA's "For the Defense"

This is my second year serving as Co-Chair of the South Carolina Defense Trial Attorneys Association's Products Liability Substantive Law Committee.  One of our responsibilities is to provide content for an issue of SCDTAA's publication, "The Defense Line" which comes out two or three times a year.  It is a great publication that is sent out to members, and I have provided some products liability content in the past.  (See past submissions here and here).

I have just completed my submission for the upcoming publication.  I basically did a review of South Carolina's general law concerning equitable (non-contractual) indemnification, and I surveyed its application in South Carolina's products liability cases.  Indemnification, in my experience, is not something that any party really wants to focus on in a case.  Plaintiffs do not really care about it one way or the other, and defendants typically want to defend the safety of their product before pointing fingers at someone else they believe may bear potential liability.  However, it is an important concept, and trying to make sense of the case law addressing it can be a little tiresome.  Therefore, I have attempted to provide an understandable and comprehensive summary for practitioners.

The article is entitled "Application of South Carolina's Equitable Indemnification Law in the Products Liability Case."  Once the publication comes out, I will try and provide a link or upload a copy of the article.  Look for it!

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