A Nonsettling Defendant's Perspective on Reasonableness Hearings Under Washington's 1981 Tort Reform Act
This Comment addresses the questions that the nonsettling defendant's attorney must answer. Section I sets out the function of reasonableness hearings in light of the policies the hearings are intended to further-avoiding collusion between settling defendants and plaintiffs and equitably apportioning the financial burden among tortfeasors. Section II examines the form of reasonableness hearings, including what evidence should be presented, what standards must be met, and the need for reviewable findings and conclusions. Section III analyzes, in terms of constitutional due process, the notice required by the statute. Section IV considers what remedy should follow a finding that a settlement is collusive. Section V examines the relationship between the reasonableness hearing and the nonsettling defendant's subsequent trial.
Luanne Coachman, A Nonsettling Defendant's Perspective on Reasonableness Hearings Under Washington's 1981 Tort Reform Act, 11 SEATTLE U. L. REV. 725 (1988).