United States First Circuit

District court's rejection of a jury verdict for defendant on its indemnity counterclaim in a suit over a defective water tank is reversed where Massachusetts has not adopted a rule stating that there can be no indemnity from plaintiff to defendant unless the applicable agreement specified an express intent to permit such indemnification in indemnitor-indemnitee litigation.

Appellate Information

• Decided 12/08/2006
• Published 12/08/2006

Judges

• LYNCH, Circuit Judge., Before SELYA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Warren D. Hutchison, with whom David J. Hatem, Jeffrey W. Hallahan, and Donovan Hatem, LLP, were on brief, for Appellant.


• For Appellees:
  
• Charles E. Schaub, Jr., with whom Hinckley, Allen & Snyder LLP, Robert M. Connolly, Anne E. Gorham, Mark W. Leach, and Stites & Harbison, PLLC, were on brief, for Appellee.