General Electric Company and Electric Mutual Liability Insurance Company v. Cuban American Nickel Company

WISDOM, Circuit Judge:

“Perhaps the most evenly-balanced controversy in all of compensation law is the question whether a third party in an action by the employee can get contribution or indemnity from the employer, when the employer’s negligence has caused or contributed to the injury.” 2 Larson, Workmen’s Compensation Law § 76.10, at 228 (1952). Under Erie we are called upon to resolve this controversy in accordance with the as yet undeveloped Louisiana law on the subject.

Indemnity may arise either in contract or in tort: by an express or implied contract to indemnify; or by equitable…