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Vol. 2 No. 1, Spring 2011; Nolan & Ready--"Settling" For Less Than Perfect In Illinois When Determining The Role Defendants Play In The Litigation After They Settle, Benjamin W. Meyer

Northern Illinois Law Review Supplement

This Note examines the interplay of two decisions made by the Illinois Supreme Court during their 2008 – 2009 term—Ready v. United/Goedecke Services, Inc. and Nolan v. WEIL-McLain. Interpreting the statutory wording of the Illinois joint and several liability statute (735 ILCS 5/2-1117), Ready held that settled defendants may not be included on jury verdict forms when apportioning fault. The later decided Nolan held that a defendant may submit evidence of settled defendants in support of his sole proximate cause defense. This Note points out that the Nolan decision renders the Ready decision unworkable, because once a jury is exposed …