In opposition, Progressive insists that the arbitrator must comply with the Superintendent of Insurance's procedures regarding arbitrations, including an FAQ section stating that
joint and several liability does not apply to loss transfer arbitrations.
It should also restore the doctrine of
joint and several liability augmented with a right of contribution among joint tortfeasors in equal pro rata shares.
Lastly, the proposal introduces the principle of
joint and several liability to guarantee that subcontractors in the construction sector comply fully with their legal and contractual obligations.
Each state within the Marcellus region may have nuances to their
joint and several liability law.
joint and several liability, several liability, and liability under
Under the Superfund regime's overriding principle of
joint and several liability, language not expressly in the law itself but based on reference to Clean Water Act case law, PRPs may be compelled to pay for all of the clean-up costs at a CERCLA site, leaving them to sue for contribution against other parties not held accountable for their fair share contribution to the problem by the government.
Nationwide, the District of Columbia and seven states--Alabama, Maine, Maryland, Massachusetts, North Carolina, Rhode Island, and Virginia--have pure
joint and several liability. It has been abolished in Georgia and Wyoming; all other states have modified its application in various ways.
Without
joint and several liability innocent plaintiffs--those guilty of no contributory negligence--will be left with only a partial recovery against negligent tortfeasors whose wrongful acts caused all the harm.
Efforts already under way have resulted in a trend away from insurers facing
joint and several liability and toward several liability, in which financial responsibility is apportioned according to the blame assigned to each party by judge or jury.
Brad Henry (D), places a $300,000 cap on noneconomic damages, and restricts
joint and several liability. In other provisions, the new statute limits who can testify as an expert witness in a medical liability case and clarifies the definition of a "frivolous" lawsuit.
Brad Henry, a Democrat, specifically places a $300,000 cap on noneconomic damages, and restricts
joint and several liability. In other provisions, the new statute limits who will be allowed to testify as an expert witness in a medical liability case, and clarifies the definition of a "frivolous" lawsuit.