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.
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With a new presidential administration officially at the helm, public support for aid to small businesses and others impacted by the pandemic remains high. A new survey released today by the American Tort Reform […]
Trial Lawyers’ Rush Amendment Passes IL House in Early Morning Hours, Heads to Governor
ATRA’s statement on passage of Amendment 1 to Illinois House Bill 3360
IL Lawmakers Rush to Amend Bill for Trial Lawyers’ Gain, Ignore COVID-19 Liability Protections
ATRA’s statement on Amendment 1 to Illinois House Bill 3360
Statement Concerning Violent Mob Attack on U.S. Capitol
ATRA President Tiger Joyce released the following statement in response to the unprecedented attack on the U.S. Capitol building on January 6:
Congress Fails to Protect Small Businesses & Others from COVID-19 Liability
ATRA voices its disappointment as Congress fails to include liability protections in its latest COVID-19 relief package.
Courts in ‘Judicial Hellholes’ Less Likely to Abide by SCOTUS Precedent
ATRA President Tiger Joyce writes in this op-ed about a growing trend of state courts bucking SCOTUS precedent when it comes to personal jurisdiction.