Helping Trial Lawyers Navigate the Appellate System

Fifth Circuit Reverses Summary Judgment on Indemnity Claim

In Smith International, Inc. v. The Egle Group LLC, the Fifth Circuit has reversed in part the district court’s summary judgment on the plaintiff’s claims for breach of contract, negligence, and indemnity.  Although it agreed with the district court that the contract and negligence claims were time-barred under Texas law, the circuit court concluded that neither res judicata nor limitations precluded the indemnity claim.  The opinion contains an interesting discussion of “liability” versus “damages” indemnity agreements and explains the different accrual rules for each.

D. Todd Smith
About the Author

D. Todd Smith is an Austin-based civil appellate specialist who works with trial teams from the earliest stages of litigation. In trial courts, he takes the lead on strategic analysis and briefing, jury charges, and potentially dispositive motions, all with a focus on preserving error and positioning cases for appellate review.

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