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Can you get contribution if you are held J and S liable?
Posted: Fri Dec 10, 2010 1:15 am
by Generic20101L
Also, can the settling party seek contribution from the non-settling party when they have signed a Perringer (sp) release?
Re: Can you get contribution if you are held J and S liable?
Posted: Fri Dec 10, 2010 3:10 am
by Kobe_Teeth
If a covenant to not sue has been signed then they are typically "released." I assume that's what the Perringer things is. Think about it - what would be the motivation to settle otherwise? Courts like to encourage settlement.
Under Joint and Several liability contribution is still allowed. I think I should probably put "usually" after that but it might even be "always."
Re: Can you get contribution if you are held J and S liable?
Posted: Fri Dec 10, 2010 3:39 am
by toolfan
contribution is jurisdictional. your exam will likely note whether it is allowed.