Case Information
*1 GEORGE M. RANALLI, ESQ. Nevada Bar No. 5748 ERNEST MP MORAN, ESQ. Nevada Bar No. 010934 RANALLI ZANIEL FOWLER &; MORAN, LLC 2400 W Horizon Ridge Parkway Henderson, Nevada 89052 ranalliservice@ranallilawyers.com
Attorneys for Defendant/Cross-Claimant, CAROL M. DOUGLASS
UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
DAMION L. THOMAS, } Plaintiff, } vs. 1 CASE NO.: 2:14-cv-671-JAD-GWF
*2 | 1 | while retrieving the vehicle for Defendant Carol M. Douglass, on | | :--: | :--: | | 2 | September 23, 2013. | | 3 | Before this Court is the Motion for Good Faith Settlement | | 4 | and Determination and Order Barring Further Claims Against | | 5 | Defendant Carol M. Douglass. |
| 6 | A. Legal Standard | | 7 | Nevada Revised Statute section 17.245 requires a settlement | | 8 | to be in "good faith". See Nev. Rev. Stat. § 17.245. If a good | | 9 | faith settlement is reached, it provides the tortfeasor with "an | | 10 | affirmative defense to any claims for contribution by another | | 11 | joint tortfeasor found liable for damages to plaintiff." In re | | 12 | MGM Hotel Fir Litig., 570 F. Supp. 913, 927 (D. Nev. 1983). | | 13 | However. The statue gives "little guidance" in determining what | | 14 | constitutes good faith. Veliscol Chem. Corp. v. Davidson, 107 | | 15 | Nev. 356, 357, 811 P.2d 561, 562 (1991) (per curiam). | | 16 | As a result, courts apply the following factors when | | 17 | determining whether a settlement satisfies Section 17.245's good | | 18 | faith requirement: (1) the amount paid in settlement; (2) the | | 19 | allocation of the settlement proceeds among Plaintiff's; 3() the | | 20 | insurance policy limits of settling Defendants; (4) the | | 21 | financial condition of settling Defendants; (5) the existence of | | 22 | collusion, fraud or tortuous conduct aimed to injure the | | 23 | interests of non-settling Defendants. In re MGM Hotel Fir | | 24 | Litig., 570 F. Supp. at 927 (citing River Garden Farms, Inc v. | | 25 | Superior Court for Cnty. Of Yolo, 26 Cal.App. 3d 986, 996, 103 |
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*4 | 1 | Court, the settlement is not the product of collusion, fraud or tortuous conduct. | | :--: | :--: | | 3 | The thirty-five thousand dollars offered for the settlement, based on the facts available, appears reasonable and to be within the reasonable range of the settling defendant's | | 5 | proportionate share of the comparative liability for the | | 7 | Plaintiff's injuries and damages. Based upon these findings, the Court hereby Orders that the proposed settlement between | | 8 | Defendant Carol M. Douglass and Plaintiff is in good faith in accordance with NRS 17.245 and this Court Orders that any further claims against Defendant Carol M. Douglass for | | 12 | contribution or equitable indemnity are hereby barred. | | 13 | DATED this day of | | 14 | IT IS SO ORDERED; the Clerk of Court is directed to CLOSE THIS CASE. | | 15 | | | 17 | RANALLI ZANIEL FOWLER &; MORAN, LLC | | 18 | /s/ George M. Ranalli | | 19 | GEORGE M. RANALLI, ESQ. | | 20 | Nevada Bar No. 5748 | | 20 | ERNEST MP MORAN, ESQ. | | 21 | Nevada Bar No. 010934 | | 21 | 2400 W. Horizon Ridge Parkway | | 22 | Henderson, Nevada 89052 | | 23 | Attorney for Defendant/ | | 24 | Cross-Claimant, | | | CAROL M. DOUGLASS |