What analysis is used by a trial court to determine liability of a nonsettling defendant where plaintiffs have already settled with other defendants?
MultiRegion, United States of America
The following excerpt is from Knapp v. Ernst & Whinney, 90 F.3d 1431 (9th Cir. 1996):
In Franklin v. Kaypro Corp., 884 F.2d 1222 (9th Cir.1989) (Kaypro ), cert. denied, 498 U.S. 890, 111 S.Ct. 232, 112 L.Ed.2d 192 (1990), we set out the analysis a trial court should use when determining the liability of nonsettling defendants where plaintiffs have already settled with other defendants. Id. at 1231. We explained as follows:
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