Elusive Justice

One Attorney’s Pursuit of Justice

Look before you release!

Posted by elusivejustice on February 17, 2007

Here is a post that could help prevent the inadvertent loss of a claim by settling and releasing with one party: (click here)

    “The key in looking at when a release of an employee also releases the employer is determining whether the suit against the employer is based on vicarious liability or if there is an independent claim of negligence. In this case, the only claim against Little Ceasar’s was based on vicarious liability even though it was framed as negligence in hiring. An attorney needs to carefully analyze the real basis of the different claims before entertaining a release of any party.”

While I encourage settlement as the most trustworthy way to approximate justice, settling too quickly and without a careful assessment can also preclude justice.

Leave a Reply

XHTML: You can use these tags: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>