The comp carrier brought this petition to vacate, arguing that there should have been no reduction because it could not have sued the bus's liability insurer (as the co-worker's insurer), and the principle of
joint and several liability applies in loss transfer (i.e., that the car's driver should be liable for 100% of the damages because the bus's driver is immune from collection).
(3) Apportionment of Damages--In cases to which this section applies, the court shall enter judgment against each party liable on the basis of such party's percentage of fault and not on the basis of the doctrine of
joint and several liability; provided that with respect to any party whose percentage of fault equals or exceeds that of a particular claimant, the court shall enter judgment with respect to economic damages against that party on the basis of the doctrine of
joint and several liability.
The downgrade thus reflects the weakness of the existing guarantee, which is a statutory
joint and several liability obligation, but not unconditional and irrevocable in nature.
On the principle of
joint and several liability (Article 12), the other stumbling block, the text gives member states more flexibility than what was proposed in the Franco-German compromise.
*
Joint and several liability differs from one state to another, which means different payouts for carriers.
(8) Consistent with
joint and several liability, orphan
In An Empirical Analysis of Cost Recovery in Superfund Cases: Implications for Brownfields and
Joint and Several Liability (NBER Working Paper No.
The Court ruled that when the apportionment performed by the lower court is reasonable,
joint and several liability should not be imposed on a PRP.
6015 provides procedures for seeking relief from
joint and several liability, and is commonly referred to as "innocent spouse relief" Sec.
Prior to the 1998 Restructuring Act, the courts would have held that granting Lora innocent spouse relief could not have affected Isaac's tax liability since he still would be liable for the entire deficiency under the
joint and several liability rule.
Business interests, including the American Tort Reform Association, have been pursuing legislation nationwide that would eliminate
joint and several liability for negligent defendants.