LD 1795
pg. 6
Page 5 of 7 An Act to Validate Pierringer Releases and Reform Procedures in Multiparty Laws... Page 7 of 7
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LR 2500
Item 1

 
1.__Value of consideration.__The value of the consideration
given to the plaintiff for settlement with the released party; or

 
2.__Equitable share.__The released party's equitable share of
the joint obligation if it was determined by the trier of fact.

 
§188.__Partial proportional settlement

 
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.

 
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.

 
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.

 
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.

 
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.

 
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:

 
A.__That the settling defendant must continue to defend
against remaining cross-claims;


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