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Pierringer AnalysisProportionate SettlementLive
Total damages assessed
$
$0$20,000,000
Settlement with settling defendant
$
$0$20,000,000
Settling defendant's liability share
%
0%100%
Under a Pierringer agreement the settling defendant is released and the plaintiff pursues the remaining defendants only for their several (proportionate) share of the damages, keeping the settlement and bearing the risk it under- or over-values the settling defendant's share. See Sable Offshore Energy Inc. v. Ameron International Corp., 2013 SCC 37.
Live analysis
Total projected recovery$500,000.00
From non-settling defs$350,000
Settling def's share$150,000
Plaintiff ahead by$0
Breakdown
Total damages assessed$500,000.00
Settling defendant's share (30%)$150,000.00
Settlement received$150,000.00
Recoverable from non-settling defendants$350,000.00
Total projected recovery$500,000.00
Surplus vs settling share+ $0.00
On these figures the settlement exceeds the settling defendant's proportionate share — the plaintiff keeps the surplus.
Estimate only — not legal advice. Pierringer mechanics, bar orders and cost treatment vary; confirm the structure with counsel.