McDermott v. Metropolitan Sanitary District

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• providing that a prima facie showing gives rise to a presumption that the settlement is valid
• imposing tort liability for personal injury upon the holder of a drainage ditch easement
• courts have repeatedly rejected the “proportionality” or “reasonable range” test for determining the good faith of a settlement
• tort duty imposed on municipality holding easement in ditch because easement allowed it to use and exercise some control and it used and controlled the ditch
• “our courts have declined to utilize a ‘proportionality’ or ‘reasonable range’ test in order to determine whether a defendant’s settlement with a plaintiff” was in good faith
• courts have repeatedly rejected the “proportionality” or “reasonable range” test for determining the good faith of a settlement

Source: CourtListener parenthetical corpus (CC0).