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A federal appeals court has weighed in on a question of apportionment of liability among several tort defendants that has not been addressed by New York's appellate courts. In Schipani v. McLeod , a unanimous panel of the U.S. Court of Appeals for the Second Circuit held on July 29 that negligence defendants lose their right to offset a proportionate share of settling a defendant's liability if they do not raise the defense in response to a motion for summary judgment.
July 31, 2008 at 05:25 AM
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The original version of this story was published on Law.Com
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