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16 Me B. Bull. 1 (1982)

handle is hein.barjournals/mainbabu0016 and id is 1 raw text is: VOL. 16 NO. I         MAINE STATE BAR ASSOCIATION
THE PIERRINGER RELEASE: SINGLE TORTFEASOR
SETTLEMENTS IN MULTI-PAITY LITIGATION

Robert E. Hirshon, Esquire
The author is a member of the American,
Maine, and Cumberland County Bar Associations
and is a member of the Portland law firnn of
Drummond IVoodsum Plimpton & AacAfahon.

He received his B.A. and!i D. degrees from the
University i Michigan.
On   Septeniber 30, 1981 the United
States District Court for tihe District of
Maine granted sunnnary ,judgment to live
asbestos tnanufatiturers against the cross-
clainls of other defendant noanufacturers on
the grounds that the plaintiff had voluntari-
ly d ismissed the live manufacturers and
had executed lPierringer Releases.' Austin
v. johns-Afanville Sales Corp., et a., docket
No. 78-1221'. By its decision the District
Court tacitly accepted the approach sug-
gested  in  a  student note, Comparative
Negligence and Comparative Contribution in
MAine: The Need for Guidelines, 24 Me. L.
Rev. 243 (1972) and provided a rational
and equitable framework for out-of-court
settlements by single tortfeasors caught in
multi-party litigation.
The Pierringer release was first approved
by the Wisconsin Supreme Court in Pier-
ringer v. Hoger, 21 Wis. 2d 182, 124 N.W.
See p. 18

THE INTERACTION BETWEEN THE CHILD CARE
CREDIT AND CHILD CARE ASSISTANCE PLANS UNDER
E.R.T.A. '81: BEWARE THE CROSSOVER POINT

- I   I4it
Ir
JANUARY 1982
TELLERS OF
ELECTION REPORT
In coinpliance with Article VIll1, Section
7 of the Associai ion's Bylaws, tile T'ellers of
Election assemlled at the Association's
Headquarters at   124  State  Street in
Augusta on \Vednesday, lDecemrber 30,
1981 for the lulpose of counting ballots
cast ftr tile contested District One election.
The Tellers of Electionl hereby atlvise that
in the contest for the office utf, Governo,
l)istrict One, Ralph W. Austin received i 1
votes, and Kenneth E. Kininel received 38
votes. We therefore declare Nir. Austin io
have been tlutly elected.
We also wish to report that :3 ballots were
uLInaccomipiianied b' signature slips. We
wish to note that tie uncounted btallots
would not have changed the results of the
coltest.
Further, in compliance with Article
VIll, Section 8, tile following Oflicers anti
Governors were elecled without a cuntest:
OFFICERS 1982
President         Ralph I. lancasterjr.
First Vice President  l'hyllis G. Civertz
Second Vice President  lDavid.l. Fletcher
Third Vice President       Joihn B. Cole

Frederick H. Greene, III, Esquire
The author is an associate with Orestis & Gar-
cia, P.A., Lewiston, Mfaine and a member of the

Aaine State Bar Association. Air. Greene
graduated from the University of Maine School of
Law, where he was a member of the MAine Law
Review, and from Brown University.
One of the new Internal Revenue Code
provisions  added   by   tihe  Ecinomic
Recovery Tax Act of 1981 (ERTA '81) is
section 129: Dependent Care Assistance
Programs. Under section 129 an employer
(after December 311, 1981) nay reimrlburse,
as a fringe benefit to enlployees, certain
child care expenditures. Like medical reim-
bursenment, child care reimbursement is cx-
cluded from  the enployee's gross incone,'
and thus not subject to withholding of
either income or F.I.C.A. and F.U.T.A.
taxes. Child care plans in ist be written, are
subject to certain restrictions, and like
medical reimbursement plans, must not
discrimoinate in flavor of shareholders or
owners.

GOVERNORS 1982

District One
District Two
District IThree
District Four
Ditrict Five
Diitrict Six
Jitrict Seven
}Youn, Lawyers Set ion

Ralph \V. Austin
Nicholas Bull
Mary I.. Schlendel
\acancy
Stcphen F. DIhbord
Peter K. Mason
Thomias E. Needhanm
'John F, Foslter
Rebecca II. Farnumt
espt'ct I'll 1y Submtitted,
Thomas N. \Wieks
( hairlperson*
jane ()rbelt
I'hillip  E. ,Johnson

*Mr. Weeks was unalIe ito be present for
tdit ballot counting as he is recovering froni
eve surgery. Nir. Johnson Served Ias acting
Chairperson.

44

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