Tag Archives: Settlement

Montana Significantly Revises Its Product Liability Laws

This entry was posted by William L. Doerler on May 15, 2023.

On May 4, 2023, Montana changed its product liability laws when the Governor signed SB 216, which was effective upon passage and applies to claims that accrue on or after May 4, 2023. Among the changes is the adoption of a sealed container defense and the application of comparative negligence principles in strict liability actions. Montana also adopted a defense based on certain actions not being brought within 10 years. In addition, Montana adopted a rebuttable presumption with respect to a product’s defective condition. A jury must be informed about this rebuttable presumption with respect to certain warnings claims, premarket licensing procedures or claims involving drugs and/or medical devices. The changes to the Montana Code are further described below. Continue reading →

This entry was posted in Comparative-Contributory Negligence, Contribution-Apportionment, Joint or Several Liability, Montana, Products Liability and tagged Apportionment, Comparative Fault, Montana, Products Liability, Settlement.

The Deal Stands: Finding of Good Faith Settlement in California Precludes Contribution and Indemnity

This entry was posted by Lian Skaf on September 27, 2021.

Courts across the country have historically taken positions encouraging settlements between civil litigants. Thus, as long as there is good faith involved in the negotiation process, settlements and their effects on other parties are generally upheld. Recently, the United States District Court for the Eastern District of California (District Court) considered whether a settlement between the plaintiff and one of several defendants met the good faith standard, thereby barring claims for contribution and indemnity from the co-defendants. Continue reading →

This entry was posted in California, Cargo - Transportation, Contribution-Apportionment, Indemnification and tagged California, Cargo-Transportation, Contribution, Indemnification, Settlement.