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DACOTAH MARKETING AND RESEARCH v. VERSATILITY

No. 98-142-A.

21 F.Supp.2d 570 (1998)

DACOTAH MARKETING AND RESEARCH, L.L.C., Plaintiff, v. VERSATILITY, INC., Defendant. VERSATILITY, INC., Third-Party Plaintiff, v. SALES & MARKETING COMMUNICATIONS CONSULTANTS, INC., and Thomas D. Phillips, Third-Party Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

September 30, 1998.

Attorney(s) appearing for the Case

Steven G. Storch, Russell D. Munves, Storch Amini & Munves, P.C., New York, NY, for Plaintiff and Third Party Defendants.

Thomas R. Folk, Steven T. Webster, Falls Church, VA, for Defendant and Third Party Plaintiff.

MEMORANDUM OPINION

ELLIS, District Judge.

This diversity fraud and misrepresentation action presents an unsettled question of Virginia law concerning the nature of the "good faith" required of a claimant in settling with one of two or more joint tortfeasors pursuant to Virginia Code § 8.01-35.1. Also presented are more prosaic questions concerning collateral estoppel and whether indemnity may be implied in the face of a written agreement between the...

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