Dacotah Marketing & Research, L.L.C. v. Versatility, Inc.

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 parties.

I. 1

Plaintiff Dacotah Marketing & Research (Dacotah) is a limited liability company organized under North Dakota law, with its principal…