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Litigation

Nov. 2, 2011

There's something about Mary: Using Mary Carter and the Tech-Bilt ballpark in settlements

Next time you need to settle, consider this creative option. By Lawrence P. Riff, Elizabeth M. Johnson, and Colleen O'Brien of Steptoe & Johnson LLP


By Lawrence P. Riff, Elizabeth M. Johnson, and Colleen O'Brien


The client calls: "I want to Mary Carter our co-defendant. I never liked him and it is fine with me if the plaintiff slaughters him. But I can't have the co-defendant coming back at me for equitable indemnity after we're in bed with the plaintiff. So, get this case settled on a Mary Carter and get a good faith settlement determination at the same time. You can do that...

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