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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Florida Lawmakers Pass Landmark Legal Reform
HB 837 heads to Governor’s desk
Transparency in Tort Reform
This letter-to-the-editor was originally published by the Tampa Bay Times in response to their March 13, 2023 article “Florida lawmakers want to help insurance companies by limiting lawsuits.“ The “tort […]
The 3rd Circuit’s bankruptcy gift to the trial bar
Our civil justice system is intended to resolve issues among parties & provide clarity on the law. But in this situation, the 3rd Circuit failed to do either.
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American Tort Reform Association leads on advocating for transparency in damages in civil cases
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Lawyers Win Big From J&J Bankruptcy Decision
Over 40,000 claimants have been relegated to an overburdened and inefficient civil justice system.