Joint and Several Liability Reform: SB 11 (1995).

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Bars application of the rule of joint and several liability


Bars application of the rule of joint and several liability in the recovery of all damages from defendants found to be less than 51% at fault.  Provides that a plaintiff’s negligence will be measured separately against each defendant.  The statute retroactively abolishing joint liability for any defendant found to be less than 51% at fault violated the Due Process Clauses of the State and Federal Constitutions.

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More Work Remains on Tort Reform

This letter-to-the-editor was originally published by The Herald-Dispatch in Huntington, WV. West Virginia was a mainstay on the American Tort Reform Foundation’s “Judicial Hellholes®” list for nearly 20 years, finally […]