The TVPA Does Not Preempt State Indemnification and Contribution Claims

December 20, 2023  |  New York Law Journal

When sued under a federal statute that does not provide for indemnification or contribution, can a defendant nevertheless assert indemnification and contribution claims under state law? Southern District Judge Jed S. Rakoff recently confronted this issue in Doe 1 v. JPMorgan Chase Bank, N.A. after the bank was sued for its alleged role in Jeffrey Epstein’s sex trafficking scheme. In that case, where JPMorgan was sued under the Trafficking Victims Protection Act (which does not provide for indemnification/contribution), JPMorgan asserted claims for contribution and indemnification under state law against its former employee James Staley for his alleged role in enabling Epstein’s illegal conduct. In their latest article for the New York Law Journal, “The TVPA Does Not Preempt State Indemnification and Contribution Claims”, Morvillo Abramowitz partners Edward M. Spiro and Chris B. Harwood discuss Judge Rakoff’s decision upholding the legal sufficiency of the contribution and indemnification claims.

The TVPA Does Not Preempt State Indemnification and Contribution Claims (pdf | 209.62 KB)