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Settlement Set-Off in Vicarious Liability Situations

Submitted by Bryan McLaughlin on 03 Mar, 2021

Oftentimes, defense counsel is retained to represent both a defendant driver and the owner of the vehicle who has been sued solely under a theory of vicarious liability. In these matters, it is not uncommon for a Plaintiff to serve either: 1) a Proposal for Settlement to only one of…

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PFS extensions

Submitted by Bryan McLaughlin on 17 Feb, 2021

All litigators are very familiar with Proposal for Settlements and the significant tool it can be to either settle a case or gain an upper hand in negotiations. Plaintiff’s attorneys have become particularly adept at filing PFSs early in the litigation to try to force a higher settlement before the…

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