Releasing Joint Tortfeasors

The issue comes up frequently. Multiple parties contributed to the plaintiffs’ claimed losses. One of the alleged tortfeasors reaches an agreement-in-principle to settle with the plaintiffs. It’s time to draft the mutual releases. Does the release of defendant A have the potential to impact the plaintiffs’ claims against defendants B, C, and D? Do the mutual releases have the potential to impact the settling defendant’s rights and obligations vis-à-vis the other tortfeasors? The answer to both questions is yes. There are two issues both sides will want to consider and address in drafting your settlement agreement.