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ERISA Fiduciary Accused of Breach May Have a Right to Seek Contribution or Indemnification from Co-Fiduciaries (PDF)
Morgan Lewis in Bloomberg BNA Pension & Benefits Daily 
Nov. 24, 2013
"[T]he right to bring a contribution or indemnification claim can depend on the procedural posture of the case. If there has not been a determination of which co-fiduciary is more at fault, then a contribution or indemnification claim might be permissible, although the respective liability will, at some point, have to be determined. If, however, co-fiduciary liability already has been determined and it is possible to assign each fiduciary with a degree of fault, then the right to bring a contribution or indemnification claim might depend on those findings."
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