Please, take a minute to send a message to the governor, urging him to veto this problematic bill.
This legislation would require settling co-defendants to choose between limiting their liability by either their equitable share of fault, or by the remaining balance of the final jury award before the award is even determined.
Current law allows a non-settling defendant to decide how to equitably reduce its liability after the verdict is provided. After that choice is made, the court then adjusts the jury’s award by either the amount paid by the settling defendant or the settling defendant’s equitable share of damages. This
process ensures that the jury’s verdict is upheld.
One of our primary concerns with this legislation is that it will create incentives to settle meritless claims. By stripping non-settling defendants of their ability to make an informed decision, this proposed legislation
promotes strong incentives for defendants to settle, despite the merits of the claim. This proves to be problematic because it creates incentives to file more speculative, meritless lawsuits.