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Understanding State Contribution Laws And Their Effect On The Settlement Of Mass Tort Actions, Jean M. Eggen

Jean M. Eggen

A common feature of mass tort litigation involves the situation in which some defendants settle with the plaintiff prior to trial, with the plaintiff proceeding to trial and winning a favorable judgment against the nonsettling defendants. In such situations, most states apply a credit, or set-off, of a certain amount against the plaintiff's recovery to account for the prior settlement. Different set-off rules can yield dramatically different results, in terms of both the plaintiff's recovery and the defendants' liabilities, including the right to seek contribution. The approaches that the states take to these matters are fragmented and inconsistent. This article …