Perspective
Jun. 23, 2011
Why Every Plaintiffs' Lawyer Should Fear the Common Law Release Rule
Settlements, which the court fails or refuses to find is entered into in good faith, can suffer nasty consequences under the release rule. By Daniel W. Ballesteros of Hoge Fenton Jones & Appel
A vestigial remnant of the days of contributory fault, the common law release rule presents a potentially catastrophic trap for the unwary. Before the enactment of Code of Civil Procedure Section 877 in 1957, California courts followed the common law rule that a release by one joint tortfeasor constituted a release of all joint tortfeasors. The purpose of the release rule was to avoid the potential for double recovery. The courts r...
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