Do Non-Settling Defendants Have the Right to Object to a Settlement ?
In Stickler v. American Augers, Inc., 303 Ill. App. 3d 689, 708 N.E.2d 403, 236 Ill. Dec. 817 (1999), a plaintiff injured in the course of his employment sued four defendants, who, in turn, filed a third-party complaint for contribution against the plaintiff's employer. Stickler, 303 Ill. App. 3d at 691, 708 N.E.2d at 405.
The plaintiff reached a settlement with three of the defendants and the third-party defendant, and over the nonsettling defendant's objection, the circuit court entered a good-faith finding. Stickler. 303 Ill. App. 3d at 691, 708 N.E.2d at 405.
On review, this court found that the nonsettling defendant lacked standing to appeal the circuit court's order as to its codefendants, but not the third-party defendant. Stickler, 303 Ill. App. 3d at 692, 708 N.E.2d at 405. the court explained that the nonsettling defendant's failure to timely file a contribution claim against the codefendants resulted in a waiver of the nonsettling defendant's right to object to the settlement. Stickler, 303 Ill. App. 3d at 692, 708 N.E.2d at 405;
See also Clay, 205 Ill. App. 3d at 1023, 563 N.E.2d at 940 (codefendants who did not assert a counterclaim for contribution against defendant in whose favor summary judgment was granted lacked standing to appeal the summary judgment order dismissing that defendant from the case)