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.
