Joint and Several Liability Reform: Medical Liability: S. 83 (2005).
Specifies that if there are multiple defendants in a civil
Specifies that if there are multiple defendants in a civil action, joint and several liability does not apply to any defendant 50 percent or less responsible for the damages. Furthermore, specified that comparative fault is included in the calculation of total fault in the case. If the plaintiff is found to be greater than 50 percent responsible for the total fault, then the plaintiff is completely barred from recovering damages. A defendant found to be less than 50 percent responsible is only responsible for its proportional share of damages based on its percentage of liability. Retained the right of the “empty chair” defense where a defendant retains the right to assert that another potential tortfeasor, whether or not a party, contributed to the alleged damages and may be liable for any or all damages alleged by another party.
Latest News
View all news
Trial Lawyers Look to Profit Off Pandemic by Targeting Insurers
ATRA President Tiger Joyce penned an op-ed for Law360 on the surge of COVID-19-related lawsuits targeting the insurance industry.
Pa. Supreme Court Disregards SCOTUS Ruling
Nicholas Malfitano of the Pennsylvania Record writes about the Pennsylvania Supreme Court’s ruling on jurisdiction in a lawsuit filed by an out-of-state resident.
COVID-19 Lawsuit Protections Signed Into Law in Michigan
ATRA praises the passage of HB 6030 in Michigan, enacting COVID-19 liability protections.
Supreme Court of Pennsylvania Defies SCOTUS Precedent
ATRA’s statement on the Supreme Court of Pennsylvania’s ruling in Hammons v. Ethicon to allow an out-of-state lawsuit to continue, openly defying SCOTUS precedent.
ATRA Warns Against ‘New Species of Super Tort’ in Oklahoma Opioid Judgment
Amanda Bronstad with Law.com writes about the potential repercussions if the 2019 $465 million judgment against Johnson & Johnson stands.
Support for Johnson & Johnson’s Appeal In Massive Oklahoma Opioid Judgment
ATRA files amicus brief in support of Johnson & Johnson’s decision to appeal a 2019 $465 million judgment against the company, warning against the state attorney general’s expansive use of public nuisance law.