: The decision protects defendants from being penalized when other co-defendants choose to settle early.
: Attorneys must now carefully weigh the risks of trial versus settlement, knowing that a settlement will not shift additional liability onto remaining parties under the "uncollectable" clause. V. Conclusion 126249
: By defining the limits of the "uncollectable" obligation, the Illinois Supreme Court reinforced the equitable distribution of liability. : The decision protects defendants from being penalized
: One party settled with the plaintiff before trial. The remaining defendants argued that if the jury assigned a percentage of fault to the settling party, that share should be redistributed among the remaining defendants as "uncollectable". III. The Supreme Court’s Ruling 126249