McCurry v. School District of Valley

Early in its opinion, the majority, with its judicial pencil, strokes a line between a “release” and a “covenant not to sue,” and then, without explanation or hesitation, turns the pencil around and erases that distinctive line. As a consequence, a release and a covenant not to sue become inseparable, indistinguishable, and, therefore, identical as an agreement for settlement of a tort claim. Because I believe that a covenant not *522to sue is essentially different from a release and that settlement through a covenant not to sue an agent does not discharge the principal from liability for the…