Let’s say a multiple-defendant tort suit is brought against Companies A and B. Company A would like to settle, but Company B does not wish to settle. Instead, for some reason, Company B would like to go to trial… and lose.* Is that allowed? Can a defendant go to trial, only to “throw” the case? Does A have any recourse?
*For instance, perhaps Company B has some damning evidence they wish to bring to light, or perhaps they are competitors and B had calculated that the fallout will be worse for A than B.
Edit: Here’s an example of when this might happen: Company A sells exclusively e-cigarettes. Company B sells a wide range of tobacco products. John Doe regularly smokes both A and B e-cigarettes, and when he gets lung cancer he decides to sue them jointly. Company A knows that if they lose the lawsuit, it will ruin their entire business, so A and John Doe reach a settlement agreement. Company B knows that e-cigarettes are only a small part of their business but all of A’s business, and they would like to prevent Company A from growing. So B goes to trial with John Doe and allows expert testimony on the dangers of e-cigarettes, releases internal documents to John Doe, and offers little defense. The court finds for Doe, and while Company B takes a small hit, the PR backlash practically ruins Company A.
Is this allowed?