Recent Development by James Melchers
Reversing the district court, the United States Court of Appeals for the Fifth Circuit held that United could seek contribution from Carnival after settling with Combo, reasoning that contribution can be sought by a settling tortfeasor who releases all claims, that the presumption of fault against a defendant in the case of drifting vessels is not to be applied between codefendants, and that the presumption of fault does not affect the principle that joint tortfeasors are entitled to allocate damages relative to their proportionate degree of fault. Combo Maritime, Inc. v. U.S. United Bulk Terminal, LLC, 615 F.3d 599, 2010 AMC 2196 (5th Cir. 2010).
About the Author
James Melchers. J.D. candidate 2012, Tulane University School of Law; B.A. English, magna cum laude, 2005, University of South Carolina.
Citation
85 Tul. L. Rev. 1419 (2011)