Private antitrust litigation occasionally raises the question of whether state or federal law should be applied to determine the effect of the release of a joint tortfeasor. When federal law is applied, as it was in Winchester Drive-In Theatre, Inc. v. Twentieth Century-Fox Film Co., there remains the necessity of formulating a rule of federal law, since there appears to be no established federal rule governing releases in antitrust suits.
Michigan Law Review,
Federal Law Held To Govern Effect of the Release of a Joint Tortfeasor in Private Antitrust Suit-Winchester Drive-in Theatre, Inc. v. Twentieth Century Fox Film Co.,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol63/iss7/9