According to converging information from several sources, this compromise is apparently based on the introduction of mandatory joint and several liability
in the construction sector.
Since Superfund site remediation is typically in the scores to even hundreds of millions of dollars, the specter of joint and several liability
has actually bankrupted certain NPCA/FSCT member companies, and severely cost many others unfair liability over the years.
Nationwide, the District of Columbia and seven states--Alabama, Maine, Maryland, Massachusetts, North Carolina, Rhode Island, and Virginia--have pure joint and several liability
If members of the Bar give local legislators an earful about this measure's unfairness, joint and several liability
may be restored in the future.
Their protests are finally being heard: lawsuit reform legislation such as Pennsylvania's Fair Share Act of 2002 has begun to change the legal landscape, amending prior practices of using joint and several liability
2) At least 10 percent but less than 25 percent, there is no joint and several liability
for economic damages in excess of $200,000;
Enacted in 1971 and modified by the Tax Reform Act of 1984, the statutory language allows relief from liability in situations where the result of joint and several liability
is particularly harsh and inequitable.
In Texas, Governor George Bush signed six statutes that cap punitive damages, restrict joint and several liability
, limit liability for medical malpractice and grant limited immunity for state and local governments.
We felt that retroactive liability and joint and several liability
The oil, chemical, and insurance industries have declared war on the joint and several liability
scheme and they are seeking, by means fair and foul, to bring cities and small business on their side.
The legal doctrine of joint and several liability
in many states allows just one of many defendants found at fault in a lawsuit to be forced to pay much or all of the damages awarded, regardless of its culpability.
Moreover, the court again raised the problem of joint and several liability