Wednesday, January 22, 2020

Pennsylvania Superior Court Holds that Defendants Can Pursue Cross-Claims Even After Plaintiff Settles Out

In the case of Bollard & Assoc., Inc. v. PA Assoc., 2019 Pa. Super. 345 (Pa. Super. Nov. 19, 2019) (Op. by Collins, J.), the Pennsylvania Superior Court found that a trial court committed reversible error when it marked the case discontinued in its entirety based upon the settlement and the discontinuance of the Plaintiff’s claims against all Defendants where there is no evidence that the settlement of the Plaintiff’s claims resolved or barred the Defendants’ cross-claims.

This case arose out of allegations of fraudulent transfers.

The appellate court noted that the Defendants should have been able to continue to pursue their cross-claims for indemnity and contribution even though the Plaintiff had settled out.

Anyone wishing to review a copy of this decision may click this LINK.

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Dec. 10, 2019).

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