noting that if a settling defendant has a right to contribution from a non-settling defendant, it “must have available a procedural mechanism to establish the predicate joint tort-feasor liability”
How later courts described this case
- noting that if a settling defendant has a right to contribution from a non-settling defendant, it “must have available a procedural mechanism to establish the predicate joint tort-feasor liability”
- applying equitable considerations in evaluating timeliness of the cross-claim
Written by the judges who cited it.
The opinion
REID, Associate Judge,
concurring:
Although I join Judge Ruiz’ opinion for the court, I am of the view that the issues raised by this matter should be considered by the en banc court, after supplemental briefing.