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
Monsanto’s triumph over junk science
Defense attorneys turn the tables by exposing massive conflicts of interest
The nation’s oldest attorney general organization is broken — here is how to fix it
This op-ed was originally published by the Washington Examiner. When the National Association of Attorneys General was founded in 1907, its goal was to support the top law enforcement officer […]
When Plaintiffs’ Attorneys Mislead the Public
Massive television ad buys and public relations campaigns that peddle misinformation taint public’s preconceptions, while judges fail to restrict falsehoods in their courtrooms.
$34M+ Spent on Lawyer Ads in Top California Media Markets So Far In 2022
New study shows Roundup, talc and paraquat top ad targets in Los Angeles, San Francisco and Sacramento
State AGs Call on National Org to Return Funds to States
The National Association of Attorneys General sits on $280M in assets
Third Circuit Can Uphold Reasonable Use of ‘Texas-Two-Step’ Law
This op-ed was originally published by Real Clear Policy. Historically, courts have respected the view that filing for bankruptcy is a well-recognized way for a business to respond when the […]