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...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.