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Confidential Settlements are Discoverable to Determine Joint Tortfeasor Status and Contribution

In Richard Tempel, et al. v. Elena L. Murphy, et al., No. 1199 Sept. Term 2010 (Oct. 28, 2011), the Court of Special Appeals addressed two questions: (1) whether a non-settling defendant has a right to inspect the settling defendants settlement agreements prior to judgment; and (2) whether Plaintiffs’ evidence of the…
Categories: Contribution, Maryland

Swigert Settlement Does Not Extinguish Non-Settling Party's Claim for Contribution, Even In Absence Of A Cross-Claim

In the consolidated appeals of Wycinna L. Spence v. Emerson R. Julian, Jr., et al., No. 2764 Sept. Term 2009 and Emerson R. Julian, Jr., et al. v. Mercy Medical Center, Inc., et al., No. 1511, Sept. Term 2010 (Oct. 26, 2011), the Court of Special Appeals addressed whether a non-settling defendant has a right to pursue a cla…
Categories: Contribution, Maryland

Novel settlement coupled with assignment of contribution claim against co-defendant in D.C.

In Estate of Kurstin v. Lordan, No. 07-CV-1221 (D.C. July 21, 2011), the D.C. Court of Appeals approved an unusual settlement arrangement in a medical malpractice action, in which the settlement agreement preserved the settling anesthesiologist’s claim of contribution from the non-settling surgeon, but solely for the…