Labels:book | reckoner | sky | tree OCR: "Under either [proportionate or pro tanto] rule the non -settling defendants have every incen- trial tive minimize their liability by arguing that the settling defendants were a1 fault Im re Sunrise Sec. Litig. 698 F.Supp. 1256 1260 (E.D.Pa. 1988} So long as defendants retain the right to urge the defense f third party liability at trial dollar dollar credit Fot already discounted settlement will always tend pound the reduction plaintiff's recovery PRO TANTO SETTL EMENT CREDIT DIS- COURAGES GOOD FAITH SETTLEMENT Plaintiffs subjected the pro tanto scheme as above lose the economic incentive settle, because they i get keer the money after trial and they know they will stil] have the same deferses overcome order obtain judgment. Defendants, particularly the most culpable ones, have little mot ...
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