| | 1.__Value of consideration.__The value of the consideration | given to the plaintiff for settlement with the released party; or |
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| | 2.__Equitable share.__The released party's equitable share of | the joint obligation if it was determined by the trier of fact. |
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| §188.__Partial proportional settlement |
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| | If any defendant is released by the plaintiff under an | agreement that precludes the plaintiff from collecting against | remaining parties that portion of any damages attributable to the | settling defendant's share of responsibility, then the following | rules apply. |
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| | 1.__General rule.__Such a settling defendant is entitled to be | dismissed with prejudice from the case.__Unless otherwise | ordered, the dismissal bars all related claims for contribution | or indemnity assertible by remaining parties. |
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| | 2.__Post-settlement procedures.__The trial court shall | preserve for the remaining parties a fair opportunity to | adjudicate the liability of the dismissed defendant.__Remaining | parties may continue to conduct necessary discovery against a | settling defendant and may invoke evidentiary rules at trial as | though the settling defendant were still a party. |
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| | 3.__Binding effect.__To apportion responsibility in the | pending action for claims that were included in the settlement | and presented at trial, a finding on the issue of the settling | defendant's liability binds all parties to the suit, but such a | finding has no binding effect in other actions relating to other | damage claims. |
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| | 4.__Post-verdict adjustments.__If a plaintiff recovers a | verdict against any of the nonsettling parties, the court shall | reduce the plaintiff's judgment by the amount determined at trial | to be attributable to the settling defendant's equitable share of | fault if any was found.__If such a finding was not requested, | then the court shall reduce the plaintiff's judgment by the value | of the consideration given to the plaintiff for the settlement. |
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| | 5.__Exceptions.__If special circumstances dictate that the | issues can not fairly be adjudicated without fuller participation | of the settling defendant, then for good cause shown the court | may grant relief as necessary to protect the rights of remaining | parties.__Such an order for relief may include: |
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| A.__That the settling defendant must continue to defend | against remaining cross-claims; |
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