CA Supremes Repudiate Common Law “Release Rule” Re Joint Tortfeasors

   The California Supreme Court, in a unanimous ruling, repudiates the common law “release rule.” Under the rule, a plaintiff’s settlement and release of liability of one joint tortfeasor also releases from liability all other joint tortfeasors. The common law rule’s rationale is that there can be only one compensation for a single injury and because each joint tortfeasor is liable for all of the damage, any joint tortfeasor’s payment of compensation in any amount satisfies the plaintiff’s entire claim. Continue reading