The claim that eliminating joint and several liability
in Pennsylvania will create jobs is an urban legend with no basis in reality.
Since Superfund site remediation is typically in the scores to even hundreds of millions of dollars, the specter of joint and several liability
has actually bankrupted certain NPCA/FSCT member companies, and severely cost many others unfair liability over the years.
Nationwide, the District of Columbia and seven states--Alabama, Maine, Maryland, Massachusetts, North Carolina, Rhode Island, and Virginia--have pure joint and several liability
If members of the Bar give local legislators an earful about this measure's unfairness, joint and several liability
may be restored in the future.
Their protests are finally being heard: lawsuit reform legislation such as Pennsylvania's Fair Share Act of 2002 has begun to change the legal landscape, amending prior practices of using joint and several liability
2) At least 10 percent but less than 25 percent, there is no joint and several liability
for economic damages in excess of $200,000;
IRS issued Notice 96-19 requesting comment on numerous questions relating to replacing the joint and several liability
standard with a proportionate liability standard.
Wisconsin recently passed laws that cap noneconomic damages and limit joint and several liability
Sometimes a tenant will seek to negotiate away joint and several liability
, notes Loehr.
Joint and several liability
means if you only contributed 1 percent of the waste, you could be held liable for 100 percent of the cleanup costs.
The oil, chemical, and insurance industries have declared war on the joint and several liability
scheme and they are seeking, by means fair and foul, to bring cities and small business on their side.
The legal doctrine of joint and several liability
in many states allows just one of many defendants found at fault in a lawsuit to be forced to pay much or all of the damages awarded, regardless of its culpability.