Perspective
Jul. 25, 2012
Appellate courts split on appeals from orders approving good faith settlements
Courts of Appeal are split as to whether an order approving a good faith settlement is an appealable final order when there are multiple defendants. By Paul D. Fogel and Katrina M. Kershner of Reed Smith LLP
In a multi-defendant lawsuit, each defendant may be responsible for only a portion of the damages to a plaintiff, and the defendants often have equitable indemnity rights against each other. When one defendant settles with the plaintiff, the remaining defendants have one fewer party among whom damages may be apportioned. How does a non-settling defendant protect itself such that, at the end of the lawsuit, it isn't lef...
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