10.07.2015 Views

1E9Ct5D

1E9Ct5D

1E9Ct5D

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

A tolling agreement is also very useful between co-defendants. It is “an agreement towaive a right to claim that litigation should be dismissed due to the expiration of astatute of limitations.” 21 There are few downsides to executing these agreements. Onecan always withdraw from such an arrangement if it is no longer useful or relevant.The most obvious benefit of a tolling agreement is to allow defendants to avoid feelingas if they have to assert claims against each other early in a case. Seeing cross-claimscan embolden plaintiffs’ attorneys and lead to defendants being forced to prove upcases against each other to the plaintiffs’ ultimate benefit.Another use for tolling agreements involves putting off coverage disputes andapportionment actions between insurers. As with cross-claims, plaintiffs could usecollateral insurance litigation to gain leverage in the main case. A tolling agreement willkeep these issues in the background.E. Streamlining the Litigation as Much as PossibleThere are many legal tactics that can be considered to consolidate claims and cases.Carefully research the availability of these methods in the relevant jurisdiction as earlyas possible. In the case discussed above, there were numerous court and governmentactions filed by different claimants, proceeding against different defendants,simultaneously. Beyond the logistical challenges of coordinating these matters, the riskof self-incrimination and inconsistent rulings may compromise your defense.21 This is a very basic definition, available at http://definitions.uslegal.com/t/tolling-agreement/ (last visitedJanuary 7, 2015). Tolling agreements are particularly useful in deferring potential cross-claimsbetween defendants, and also forestalling ancillary litigation involving insurance coverage.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!