Inefficiency in the Courthouse: The Nonsense in Withholding Settlement Amounts From Non-Settling Tortfeasors
At a time when judicial resources are unduly strained, a perfect starting point for clearing courtroom congestion is recognizing that delayed disclosure of settlement amounts in multi-tortfeasor litigations impedes, rather than encourages, settlement between the parties, and frustrates the legislative intent of the controlling statutes in this area.
July 16, 2021 at 10:00 AM
22 minute read
A vexatious area of law is the faux confidentiality afforded to settlement amounts between settling plaintiffs and settling tortfeasors, as applied to non-settling tortfeasors. The issue is strictly one of timing, not privacy, since non-settling tortfeasors are ultimately entitled to this information to calculate damages awardable against them. Yet in the context where pre-trial disclosure would foster settlement and aid in the non-settling defendant's preparation of its defense, courts have struggled to consistently and logically determine when disclosure is permissible. At a time when judicial resources are unduly strained, a perfect starting point for clearing courtroom congestion is recognizing that delayed disclosure of settlement amounts in multi-tortfeasor litigations impedes, rather than encourages, settlement between the parties, and frustrates the legislative intent of the controlling statutes in this area.
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