Recent Win: NY Team Obtains Pre-Answer Dismissal for Client
Donovan Hatem’s NY team led by Scott Winikow and Steve Willig successfully secured a dismissal on behalf of our client from a $10 million suit in the United States District Court of New Jersey. Our client was engaged as an engineering consultant to a New Jersey municipality for a dredging project. The main contractor brought suit against its subcontractor claiming negligent work, and the subcontractor then sought to implead our client on the theories of contractual contribution and common law contribution and indemnification. The team’s pre-answer motion established that the subcontractor had not sufficiently alleged: (1) the elements of a contract to support a claim for contractual contribution; (2) that our client was a joint tortfeasor with the subcontractor under New Jersey’s Joint Tortfeasors’ Contribution Act; and (3) that the subcontractor had a plausible claim of a relationship sufficient to support implied indemnity. District Judge Rodriguez agreed with each of our arguments and dismissed the entirety of the third-party complaint.