| | | 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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