When a defendant is sued, it often may assert indemnification or contribution claims against a co-defendant or third party. When a defendant is sued under a federal statute, the defendant may assert indemnification or contribution claims if such claims expressly or impliedly are contemplated by the statute. If not, indemnification or contribution still may be available if state law allows for such relief under similar circumstances.

Although some courts have concluded that indemnification and contribution claims are available for claims arising under a federal statute only if the statute expressly or impliedly provides for them, other courts have addressed the issue by conducting a traditional preemption analysis: i.e., by analyzing whether in enacting the federal statute, Congress intended to eliminate a right to indemnification or contribution that already existed under state law.