context: Even if Keene had proven duplication, credit would not be permitted for any award of damages based on a claim for which the defendants were not jointly and severally liable.
citation_a.signal: see
citation_a.identifier: 725 F.2d 1003, 1005
citation_a.parenthetical: where there is no joint and several liability, there can be no offset for settlements
citation_a.sentence: See Dobson v. Camden, 725 F.2d 1003, 1005 (5th Cir.1984) (where there is no joint and several liability, there can be no offset for settlements).
citation_b.signal: see also
citation_b.parenthetical: implicitly recognizing that a finding of joint liability is a prerequisite to setoff
citation_b.sentence: See also Touche Ross, 854 F.2d at 1235 n. 17 (credit not permitted for any award of damages based on a claim for which the defendants were not jointly and severally liable); Phillips, 813 F.2d at 1176 (settlement amounts may ordinarily be set off against any judgment obtained against the other joint tortfeasors); Dykes v. Raymark Industries, Inc., 801 F.2d 810 (6th Cir.1986), cert. denied, 481 U.S. 1038, 107 S.Ct. 1975, 95 L.Ed.2d 815 (1987) (implicitly recognizing that a finding of joint liability is a prerequisite to setoff); Hendrix, 776 F.2d at 1508 (under Georgia law, there may be an offset for settlement amounts received from joint tortfeasors for an indivisible injury); Shapiro, Bernstein & Co. v. Goody, 248 F.2d 260, 267 (2d Cir.1957), cert. denied, 355 U.S. 952, 78 S.Ct. 536, 2 L.Ed.2d 529 (1958) (to determine the impact of settlement on the plaintiffs award, the court must first determine whether liability of the defendants is joint); Yost v. American Overseas Marine Corp., 798 F.Supp. 313, 318 (E.D.Va.1992) (where tortfeasors are jointly liable for the entire harm, a payment by one diminishes the claim against the other joint tortfeasors); Hill v. Budget Finance & Thrift Co., 383 S.W.2d 79, 81 (Tex.Civ.App.—Dallas 1964, no writ hist.) (joint tortfeasor is entitled to credit if it is able to show that the same injury was com pensated by a payment made by another joint tortfeasor).