What constitutes a Pierringer Agreement?
Ontario, Canada
The following excerpt is from IPEX Inc. v. AT Plastics Inc., 2017 ONSC 7706 (CanLII):
The settlement in Sable Offshore was characterized as a “Pierringer Agreement”, which the court describes as follows: 6. . . . Named for the 1963 Wisconsin case of Pierringer v. Hoger, 124 N.W. 2d 106 (Wis. 1963), a Pierringer Agreement allows one or more defendants in a multi-party proceeding to settle with the plaintiff and withdraw from the litigation, leaving the remaining defendants responsible only for the loss they actually caused. There is no joint liability with the settling defendants, but non-settling deendants may be jointly liable with each other.
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