Perspective
Sep. 26, 2015
Limited use of 'empty chair' defense in California
Plaintiff's counsel in a personal injury case has two adverse defendant tortfeasors who are offered the same lump sum settlement but only one settles. What next? By Will Jay Pirkey
Plaintiff's counsel in a personal injury case has two adverse defendant tortfeasors
who are offered the same lump sum settlement. One defendant settles but the other
doesn't. The plaintiff, wanting to avoid the "empty chair" argument at trial by the
non-settling defendant, then requires the settled defendant to participate at trial
once the settlement has been deemed ...
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