This article analyzes Chapter 33 of the Texas Civil Practice and Remedies Code, which governs settlement credits and the liability of responsible third parties in civil litigation. The authors examine the statutory framework that allows defendants to reduce their liability based on settlements with other parties and to allocate fault among multiple responsible actors. Key case law is reviewed to illustrate how Texas courts interpret the interaction between settlement credits, contribution claims, and joint and several liability. The article also explores practical challenges in applying Chapter 33, including evidentiary issues and the timing of settlements. The authors conclude by offering guidance for attorneys on strategically navigating settlement negotiations and apportioning fault under Texas law.
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R. Brent Cooper
Diana L. Faust
Brian G. Jackson
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Cooper et al. (Tue,) studied this question.