Calif. Liability Rule's Farewell May Spur More Settlements

Law360, San Diego (August 24, 2012, 11:33 PM EDT) -- The California Supreme Court on Thursday scrapped a decades-old rule that excuses remaining defendants in a tort case from liability if one defendant reaches a settlement with the plaintiff, a move that helps plaintiffs preserve their claims against nonsettling parties and could encourage more settlements, lawyers say.

In a boy's case blaming a pediatrician and Verdugo Hills Hospital for a brain injury he suffered after he was born, the state high court abandoned the common law release rule, determining that the plaintiff's settlement with the doctor...
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