The arbitrator awarded petitioner only half of the total damages, reasoning that petitioner should have included Wesco as an additional respondent and that
joint and several liability is not available in loss transfer proceedings.
This was the beginning of the end of
joint and several liability in negligence law in Florida.
The business world voiced a mixed reaction to
joint and several liability. For BusinessEurope, representing private sector employers, this principle will be costly.
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Joint and several liability.
Joint and several liability addresses the concept of how to allocate liability when more than one defendant has caused the plaintiffs harm.
widespread application of
joint and several liability in private CERCLA
Legal minds agree that the Supreme Court decision sounds like the death knell for the prevailing reasoning in favor of imposing
joint and several liability in Superfund cases where sites involve "toxic soups," which preclude any equitable, reasonable way to perform fair-share apportionment of responsibility among contributors, be they site owners or managers, disposers, and/or generators of the hazardous waste.
The only issue pending in a stand-alone case is whether the requesting spouse is entitled to relief from
joint and several liability. In Billings, the Tax Court held that it lacks jurisdiction in stand-alone cases when the IRS has not determined a deficiency.
Under Florida's current law,
joint and several liability applies only to economic damages for defendants who are more than 10 percent at fault.
The News reported that the 2006 Legislature has eliminated "the last vestiges of
joint and several liability from the state's tort system." This is an overstatement.
The
joint and several liability for the tax (on a joint return) should be considered.
This legal concept is known as
joint and several liability.