Title: THE EFFECT OF CONTRIBUTION ON LITIGATION AND SETTLEMENT: THE DEFENDANT'S VIEWPOINT
Abstract: So when I was asked to present the defendant's viewpoint on the effect of contribution on litigation and settlement, I felt very comfortable at first about my role. Then it dawned on me that there are really two defendant's viewpoints on this issue. First, there is the viewpoint of the original defendant in the lawsuit, who may find it advantageous to cast himself in the role of a third-party plaintiff or a cross-claimant, asserting the right of contribution. Second, there is the viewpoint of the third-party defendant or cross-claim defendant, who finds himself resisting a claim based on contribution. Obviously, these two viewpoints are diametrically opposed, with the result that the contribution issue just does not resolve itself into the usual dichotomy, with typical plaintiffs on one side and typical defendants on the other.
Publication Year: 2016
Publication Date: 2016-01-01
Language: en
Type: article
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