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Judiciary Committee hears bill to restore joint-and-several effect after Tadros ruling
Summary
Sen. George Duncan introduced LB416 to reverse what proponents call a settlement disincentive created by the Nebraska Supreme Court's Tadros ruling; plaintiffs' attorneys said the change would increase settlements, while defense groups warned of uneven results and taxpayer exposure.
Senator George Duncan, state senator for Legislative District 26, introduced LB416 at the Judiciary Committee hearing, saying the bill is a “much needed fix” to the effect of the Nebraska Supreme Court’s Tadros decision and an obstacle to settlements in negligence cases.
The bill would narrow the Tadros consequence that, in practice, has discouraged some plaintiffs from settling with one defendant out of concern that a later verdict against another defendant would be reduced. “Tadros unquestionably serves as an obstacle to settlement, not an encouragement,” Duncan said during his opening remarks.
Supporters told the committee the change would allow plaintiffs to resolve some claims earlier and get needed money to injured people. Mark Richardson, speaking for the Nebraska Association of Trial Attorneys, said the current rule forces plaintiffs to keep all defendants in litigation rather than resolve otherwise reasonable settlements. “If that case were brought today,…
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