Section 4. When a release or covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury:
(a) It shall not discharge any of the other tortfeasors from liability for the injury unless its terms so provide; but it shall reduce the claim against the others to the extent of any amount stipulated by the release or the covenant, or in the amount of the consideration paid for it, whichever is the greater; and
(b) It shall discharge the tortfeasor to whom it is given from all liability for contribution to any other tortfeasor.
Notes of Decisions
Cited in 53
cases (5 in the last 5 years), 1967–2026 · leading case: Troyer v. Adams, 77 P.3d 83 (Haw. 2003).
Troyer v. Adams, 77 P.3d 83 (Haw. 2003). · cites it 3דin the context of [Mass. Gen. Laws Ann. ch. 231B, § 4 (West 2000) [25] ] .”
Noyes v. Raymond, 548 N.E.2d 196 (Mass. App. Ct. 1990). · cites it 5דWhen the case was called for trial, Joseph informed the court that he had reached a settlement with Rita for $10,000, and, relying on G. L. c. 231B, § 4, he presented a motion, entitled “motion for summary judgment,” seeking a separate judgment of dismissal.”
Bishop v. Klein Fuller, 402 N.E.2d 1365 (Mass. 1980). · cites it 3דThereafter, Fuller brought a motion to dismiss the third-party complaint on the ground that G. L. c. 231B, § 4, 4 inserted by St. 1962, c.”
Schiffer v. United Grocers, Inc., 989 P.2d 10 (Or. 1999). · cites it 2ד2d 1023, 1029-30 (1981) (noting general rule that the voluntary discharge or release of one joint obligor discharges other joint obligors, but in dictum calling for placement of limits on the application of that common-law rule); see also Mass. Gen. Laws Ann ch 231B, § 4 (1986…”
Boston Edison Co. v. Tritsch, 346 N.E.2d 901 (Mass. 1976). · cites it 2דat 182-183 ; see G. L. c. 231B, § 4; Wadsworth v. Boston Gas Co.”
Galena v. Com. Ins., 2001 Mass. App. Div. 222 (Mass. Dist. Ct., App. Div. 2001). · cites it 3דSee G.Lc. 231B, §4. Thus the type of general release signed by Boyer in this case would not have worked to discharge some tortfeasor jointly liable with the other motorist See Cram v.”
Hicks, Muse & Co. v. Brandt, 136 F.3d 45 (1st Cir. 1998). “, Mass. Gen. Laws Ann. ch. 231B, § 4 (Contribution Among Tortfeasors Act).”
Specialty Nat'l Ins. v. OneBeacon Ins., 486 F.3d 727 (1st Cir. 2007). “See Mass. Gen. Laws ch. 231B, § 4(b) (2000). The settlement called for the Rhodeses to receive $550,000, with Specialty and OneBeacon each paying half of that amount.”
Med. Prof'l Mut. Ins. v. Breon Labs., Inc., 966 F. Supp. 120 (D. Mass. 1997). · cites it 3דSee Mass. Gen. L. ch. 231B, § 4. Pursuant to section 4 of the Contribution Statute, a settlement that does not discharge the common liability operates to reduce the amount the injured party may recover from other tortfeasors and shields the settling tortfeasor from contribution…”
Thayer v. Pittsburgh-Corning Corp., 698 N.E.2d 1279 (Mass. App. Ct. 1998). · cites it 2דFinally, it contends that the judge improperly apportioned the pretrial settlement the plaintiffs received from other defendants among the plaintiffs’ personal injury and wrongful death claims before applying the settlement to the jury award in the present action pursuant to G.…”
Galena v. Com. Ins., 2001 Mass. App. Div. 222 (Mass. Dist. Ct., App. Div. 2001). “See G.Lc. 231B, §4. Thus the type of general release signed by Boyer in this case would not have worked to discharge some tortfeasor jointly liable with the other motorist See Cram v.”
Med. Prof'l Mut. Ins. v. Breon Labs., Inc., 966 F. Supp. 120 (D. Mass. 1997). “See Mass. Gen. L. ch. 231B, § 4. Pursuant to section 4 of the Contribution Statute, a settlement that does not discharge the common liability operates to reduce the amount the injured party may recover from other tortfeasors and shields the settling tortfeasor from contribution…”
— Mass. Gen. Laws ch. 231B, § 4(b) — 9 cases
Specialty Nat'l Ins. v. OneBeacon Ins., 486 F.3d 727 (1st Cir. 2007). “See Mass. Gen. Laws ch. 231B, § 4(b) (2000). The settlement called for the Rhodeses to receive $550,000, with Specialty and OneBeacon each paying half of that amount.”
Noyes v. Raymond, 548 N.E.2d 196 (Mass. App. Ct. 1990). “When the case was called for trial, Joseph informed the court that he had reached a settlement with Rita for $10,000, and, relying on G. L. c. 231B, § 4, he presented a motion, entitled “motion for summary judgment,” seeking a separate judgment of dismissal.”
Med. Prof'l Mut. Ins. v. Breon Labs., Inc., 966 F. Supp. 120 (D. Mass. 1997). “See Mass. Gen. L. ch. 231B, § 4. Pursuant to section 4 of the Contribution Statute, a settlement that does not discharge the common liability operates to reduce the amount the injured party may recover from other tortfeasors and shields the settling tortfeasor from contribution…”
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