Business scores key legislative wins May 14, 2007
Overall, legislators and lobbyists agreed it was a good session for the business community, which will receive more funding for economic development and can delay worrying about the Legislature reinstating joint and several liability for another year. This article is for Paid Print Subscribers ONLY.. (Jacksonville Business Journal, FL)
Henry vetoes civil justice measure, plans to work on compromise May 1, 2007
He specifically mentioned the bill s 300,000 cap on non-economic damages, also called pain and suffering, and what he said were unintended consequences of the bill s provisions on class action and joint and several liability. Supporters of the bill have said caps on non-economic damages in other states have driven down the cost of medical malpractice insurance. (Bartlesville Examiner-Enterprise, OK)
Greedy 'fix' not just or fair Apr 27, 2007
Just one year ago, the Florida Legislature finally stepped up and repealed the grossly unfair doctrine of joint and several liability ... Thankfully, the repeal of joint and several smartly changed the law so a business or individual is now responsible to pay only for his or her fair share of a loss ... This time the personal-injury lawyers are using soft-sell tactics in Tallahassee to "fix" the hard-fought repeal of joint and several. (Orlando Sentinel -- Opinion)
Citizens meet with Senator Apr 25, 2007
The new tort bill changes joint and several liability. You will only be responsible for the percentage of damage you caused, he explained. (Alva Review Courier, OK)
Reverse charge VAT rules How will they impact your business? Apr 18, 2007
Joint and several liabilityIn the recent budget, HMRC extended the scope of its powers to make a business in a supply chain responsible for any tax loss if "...they had reasonable grounds to suspect that VAT would go unpaid elsewhere in the supply chain". This puts the onus on bona fide businesses to ensure that they are not being used in a chain of fraudulent transactions, albeit innocently. (Accounting Web, UK)
Partisan vote sends civil justice reform bill to House floor Apr 13, 2007
Eliminates joint and several liability, which assigns compensation in injury cases involving multiple parties. Adjusts prejudgment interest guidelines to prevent interest on future judgments from accruing until 36 months after a lawsuit is filed. (Bartlesville Examiner-Enterprise, OK)
Is Gov. Rendell's 'Prescription for Pennsylvania' Good Medicine? Apr 10, 2007
"There are some issues that we think aren't included in the plan that we believe also would be important for Pennsylvanians, and that's additional medical liability reform - particularly joint and several liability reform - to make sure that we're able to access liability insurance and afford it and bring those costs down as well," says Bussard. "There may be areas where we all need to discuss a little bit more the best way to do it." The best way to do it also concerns the Pennsylvania Chamber... (Pennsylvania Northeast Business Journal, PA)
Associate Court report Mar 23, 2007
Joint and several restitution was ordered paid. Tyler Keith Mallory appeared before the Court and withdrew his earlier guilty pleas to two class C felony possession of controlled substance offenses and entered pleas of guilty. (Moberly Monitor-Index, MO)
Churchill reports record revenue and net earnings for 2006 Mar 19, 2007
In each instance the Corporation has provided a joint and several guarantee, increasing the maximum potential payment to the full value of the work remaining under the contract. Shareholders' equity was $47. (Canada Newswire)
TODAY'S QUESTION: I have a house in Arizona my brother and I bought together in May 2005. I am the primary signer and my brother is the secondary. When filing federal taxes can my brother and I spilt the tax break? Or does the IRS only allow one person to take the credit? Mar 7, 2007
When two persons have joint and several liability for a tax, meaning each joint owner is liable for the full amount of the tax, it may be deducted by the one who actually pays it ... In some cases, Tenants in Common do not have joint and several liability for a tax. (USA Today -- Money)
National restaurant chains discover growing North Port Feb 14, 2007
At Price and Sumter boulevards, a fast-food joint and several other restaurants are planned as part of a 500,000-square-foot retail development. Room for another restaurant and a fast-food place are part of a development at Toledo Blade and Price boulevards. (Herald-Tribune)
PA Chamber Looking For Details on Governor's Proposed 'Employer Health-Care Tax' Jan 18, 2007
Any health-care discussion must also address the factors that are driving costs, including mandated benefits and the grossly unfair joint and several liability system,'' he stressed, noting that as a candidate, Rendell promised to sign joint and several reforms, but vetoed a measure to do so last year. Warner said the PA Chamber's goal as the debate moves forward is working with the administration and state lawmakers to ensure that the ``Prescription for Pennsylvania'' doesn't become a... (Primezone Releases)
Open season for securities-related class actions Jan 8, 2007
Moreover, Korea imposes full and separate liability among individuals involved, but in the United States, joint and several liability is imposed upon those individuals who have knowingly committed such a violation of the securities laws and all other persons are liable solely for the portion of the judgment that corresponds to their percentage of responsibility (proportionate liability). It would be desirable to set a maximum limit on damages, which is not the case in Korea. (Korea Herald, Korea)
Exposing the 'Phantom Epidemic' in Silica Litigation Dec 29, 2006
In addition, the Mississippi Legislature imposed caps on damages, including punitive damages, and abolished joint and several liability ... In Georgia, in addition to the medical-criteria component, the Legislature eliminated joint and several liability and adopted clear Daubert-like standards regulating expert testimony. (Law.com)
Settling of Cecil Field scrap may help attract business Dec 25, 2006
The banning of joint and several liability, a citizens' "no" vote on returning Cecil Field to the Navy and city officials' surviving another tough budget year paved the way for continued business recruitment in 2007, following a year that produced 3,302 new jobs and $446 million in capital investment, according to Jacksonville Economic Development Commission officials. This article is for Paid Print Subscribers ONLY.. (Jacksonville Business Journal, FL)
Bush built powerful legacy Dec 24, 2006
30-day news archives. Nobody can accuse him of not having political courage," Gelber said. "He's been able to consolidate power because he's been the best advocate for his policies. (Florida Today)
Highlights from Bush's terms Dec 24, 2006
April 26 Signs repeal of joint and several liability. May 6 Legislature ends without restoring tuition vouchers or relaxing the class-size amendment as he wanted; Bush calls it a successful and productive session anyway. (Pensacola News Journal)
Who Killed the Mass Torts Bonanza? Dec 12, 2006
"[But] Governor Richards was part of it. Because of the reputation of the state, she felt, 'I need to address this.' " The issues weren't politically sexy -- joint and several liability doesn't exactly bring voters streaming to the polls -- but the coalition lobbying for change was influential and well financed. Those early tort reform advances, which were taking place not only in Texas but also in other state legislatures, did not take the organized plaintiffs bar by surprise. (Law.com)
Ideas Will Drive Conservatives' Revival Dec 11, 2006
It may be the best bill in the country and includes significant language to stop venue shopping, caps non-economic and punitive damages, and contains very meaningful reform of our joint and several liability system. Because of this reform we have moved Missouri from a deficit that represented 5% of our budget to a small but real surplus. (Human Events Online)
Marriage License Dec 8, 2006
In the Matter of the Estate of Marcia L. Scott, Deceased, Order Appointing Joint and Several Personal Representatives and Ordering Supervised Administration. In the Matter of teh Estate of Donald Morton, Deceased, Order Approving Final Account and Order of Distribution. (Kentland Newton County Enterprise, IN)
Is Sebi's disgorgement order fair? Nov 28, 2006
The Sebi disgorgement order imposes joint and several liability on the market intermediaries ... In other words, there is simply no place for joint and several liability in a scheme that has its basis in disgorgement. (India Times)
Housing Counsel: Who Pays Rent if a Tenant Vacates Sep 25, 2006
By adding the "joint and several" language, this will change the situation ... If the "joint and several" language is not in your lease, the bank will only pay half of the rent ... So, by adding three little words (joint and several) you can solve your problem. (RealtyTimes)
Jennings Makes Lakeland Stop Sep 16, 2006
"While his achievements include One Florida, the Everglades, (changes to) joint and several liability, I think that the one thing he wants to be remembered for is the improvement in the state's education system," she said. Macedonia's pastor, the Rev. H.B. Holmes, said he will vote for Crist in the Nov. 7 general election. (The Ledger)
Vote no on lawsuit abuse Sep 15, 2006
This past session the Legislature continued down a similar path and passed two more significant reforms, abolishing the unfair doctrine of joint and several liability and passing much-needed reforms to the laws governing class-action lawsuits filed in our state. While these are tremendous accomplishments that will benefit all Floridians, the question is whether the new crop of elected officials will continue down this path or return to the days where the personal-injury bar could effectively... (Orlando Sentinel -- Opinion)
Trial lawyer joins Crist ticket Sep 14, 2006
About the only area where Kottkamp, a trial lawyer, has broken with the Republican leadership in the House was his vote this session against the bill that repealed the "joint and several" liability law that let injury victims go after deep-pocketed defendants, even if they were only indirectly responsible for damages. He was the only Republican to vote against the repeal. (The Palm Beach Post)
Shakers: PNC sides with Heinz in battle for its board Aug 14, 2006
"Under a joint and several liability theory, those proceeds are available to be satisfied from Skilling's assets." Skilling's lawyers are seeking to use some of Skilling's assets to pay $30 million in legal bills, a move that Berkowitz said would thwart justice for former Enron shareholders and employees. More than 5,000 jobs and $1 billion in employee pensions vanished when Enron plunged into bankruptcy in December 2001. (International Herald Tribune -- Business Asia)
Michigan's malpractice laws keep state out of ‘crisis' level Aug 14, 2006
There were no caps on non-economic damages, such as pain and suffering, and no rule for joint and several liability. So if a physician is 10 percent responsible for a negligence case and another is 90 percent responsible, they would pay the same amount, Skinner said. (Cadillac News, MI)
Recasting the image of trial lawyers Aug 7, 2006
You change joint and several liability. so you can make more money and you're not held accountable for what you do. (The Miami Herald)
Housing Counsel: Family Feud May Cause Property to be Lost Aug 7, 2006
I suspect that it states that the mortgage obligation is "joint and several." That means that both of you were separately obligated to pay the full amount of the mortgage ... But if your obligation under the promissory note is "joint and several," the lender can also sue you for any non-payment. (RealtyTimes)
Antitrust Commission Faces Crucial Issues as Review Enters Final Lap Jun 22, 2006
An extension of this issue is joint and several liability, a huge problem, said McDavid. "It creates an incentive to settle early and cheaply, leaving the last person standing to pay," she said. (Law.com)
Abestos victims' long search for justice Jun 21, 2006
A majority of the law lords decided that, in fact, the liability of the defendants under the Fairchild "exception" would not be joint and several. Each defendant would only be liable for the proportion of the damages for which it was responsible, measured by the extent to which it had contributed to the risk. (Times Online)
Argus Corporation Limited Announces Claims Bar Date Summary of Claims Jun 13, 2006
TORONTO, ONTARIO--(CCNMatthews - June 12, 2006) - Argus Corporation Limited ("Argus") (TSX: - ; TSX: - ; TSX: - ), by RSM Richter Inc. ("Richter"), solely in its capacity as receiver and manager, interim receiver and monitor of Argus, and not in its personal or corporate capacities (collectively, the "Receiver"), announced on June 9, 2006 that there were approximately 55 claims filed on or prior to the claims bar date (May 19, 2006) against Argus and/or its New Brunswick subsidiary companies,... (CCNMatthews Press Releases)
Don't make a real estate deal without checking for environmental issues May 30, 2006
"Environmental liability is retroactive, and it's joint and several," said Kerry Barsh, an attorney and co-chair of the environmental and land development group at Greenberg Traurig LLP in Miami. "And the liability associated with the property can be more than the value of the property itself.". (Sun-Sentinel.com)
Legislators Reflect on Session May 26, 2006
And business interests scored big with the repeal of joint and several liability. Prior to its repeal, the doctrine allowed for businesses to be sued in the event of an accident based not just on fault but on their ability to pay, especially when co-defendants were unable to pay their share. (The Ledger)
Chamber Plans Capitol Review May 24, 2006
One major effort in this year's session was the repeal of joint and several liability. Prior to its repeal, the doctrine allowed for businesses to be sued in the event of an accident based not just on fault but on their ability to pay, especially when co-defendants were unable to pay their share. (The Ledger)
PIA's Brevik Praises Florida Property Insurance Reforms May 20, 2006
"Passage of this legislation in Florida, along with the recent approval of significant tort reforms including the repeal of joint and several liability as well as newly-enacted limitations on class action lawsuits, will combine to create a more robust and business- friendly climate in the Sunshine State." Founded in 1931, and celebrating its 75th anniversary in 2006, PIA is a national trade association that represents member insurance agents and their employees who sell and service all kinds of... (PR Newswire)
Bense's humble leadership makes him anything but 'nobody' May 13, 2006
By 7-5, the House Judiciary Committee voted to repeal a legal doctrine known as joint and several liability, which businesses say causes deep-pocket defendants to pay more than their share of fault. Bense could have stacked the deck and loaded the committee with sycophants. (St. Petersburg Times)
30th Senate District Candidates Speak Out On Local Issues May 13, 2006
My campaign chairman is a physician from Bedford County, and many doctors are involved in my campaign because of my plan to cap noneconomic damages, approve joint and several liability or fair share legislation, reduce legal fees in these cases and push for a loser pays rule to stop frivolous law suits. Sen. (Fulton County News, PA)
Businesses like Texas tort reform best May 12, 2006
Recent state legislative action produced reforms in key areas, including asbestos and silica litigation, class-action cases, "forum shopping," joint and several liability, medical malpractice and punitive damages, the league said. The American Justice Partnership is an arm of the National Association of Manufacturers. (Washington Times, DC)
Texas tops tort liability index May 12, 2006
However, recent legislative action in Texas prompted reforms in key areas, including asbestos and silica litigation, class-action cases, "forum shopping," joint and several liability, medical malpractice and punitive damages, the league says. George Christian, general counsel of the Texas Civil Justice League, says: "Texas is on the right track, but weaknesses remain in the state's civil justice system. The report's findings should encourage lawmakers to keep up the good work.". (Dallas Business Journal, TX)
Lost ID card lands woman in trouble May 12, 2006
The driver of the vehicle, surnamed Huang, was held liable for the accident while Wang was held to have joint and several liability. Huang said he did not know Wang. (Xinhuanet, China)
Lawmakers look beyond Bush era as session ends May 8, 2006
The repeal of joint and several liability -- the top priority of the business lobby -- means deep-pocketed companies can no longer be forced to pay an entire jury award if other defendants in the case cannot afford to do so. Bush also won repeal of the last portion of the state's intangibles tax on investments, which will cost state coffers $131 million. (Orlando Sentinel)
Lawmakers herald increase in education spending May 7, 2006
Eliminates joint and several liability, making defendents responsible only for their own share of damages when more than one party is found to be at fault. COURT INTERPRETERS. (Daytona Beach News Journal)
Defeats signal twilight of Jeb Bush era May 7, 2006
Lee, who had joined other senators in the past to oppose liability limits, helped Bush and House Speaker Allan Bense this session to accomplish their desire to repeal joint and several liability. The legal doctrine allows a guilty party in a lawsuit to pay the damages of another party, and is believed by business to trigger higher insurance costs and more lawsuits. (The Miami Herald)
Attorneys stuffed Klein's campaign coffers before key vote Apr 30, 2006
The issue in question, joint and several liability, was the top priority for business and the insurance industry in 2006 and enormous for those in the legal profession ... Legislation to repeal joint and several liability easily passed the Florida House of Representatives on March 16, but the outlook in the Senate wasn't certain until just before the March 30 vote ... O'Brien, whose group worked to mobilize support for the change in joint and several liability, added that the influx of money as... (Sun-Sentinel.com)
Second shot at tort reform passes house Apr 29, 2006
SB 1657 includes changes that would do away with what's referred to as "joint and several liability," so that businesses that are sued would only be responsible for paying for their level of culpability, not according to their ability to pay. The measure would also allow for hospitals' peer review information to be kept confidential and would shield teachers and volunteers from certain lawsuits. (KFOR Oklahoma City, OK)
Governor signs repeal of joint and several liability law Apr 29, 2006
Gov. Jeb Bush, Wednesday, signed legislation repealing the doctrine of joint and several liability in Florida. The repeal of Florida's joint and several liability law ensures people and businesses pay for the injury or loss they cause according to responsibility, rather than financial ability ... The had heralded the elimination of joint and several liability as a reform that will ensure payment of damages equals to culpability. (South Florida Business Journal, FL)
Attack Ads, Newspapers Heat Up Tort Reform Law Apr 28, 2006
Most recently in Florida, the state Senate voted, 27-13, to eliminate the legal doctrine of joint and several liability, which allows a plaintiff to recover a full judgment against multiple defendants from those with the most resources, regardless of the extent to which they injured a plaintiff ... It also codified liability laws and replaced joint and several liability with a standard by which a defendant is responsible only for the damages the jury determines it caused. (Law.com)
Gov supports malpractice law reform Apr 26, 2006
Eliminate joint and several liability for economic damages. Allow joint and several liability for noneconomic damages where a health-care provider's degree of negligence is 25 percent or more. (Honolulu Star-Bulletin)
Canbras Announces 2005 Results Apr 21, 2006
5 million on a joint and several basis from the Corporation and its affiliates who were also defendants in this litigation. During 2005, the Corporation increased its provision in the audited consolidated financial statements for the estimated amount of its potential liability for this claim and included such increase in "Other expenses" in the consolidated statement of operations and in "Accounts payable and accrued liabilities" on the December 31, 2005 consolidated balance sheet. (CCNMatthews Press Releases)
Pennsylvania Chamber seeks product liability reforms to protect beleaguered manufacturers Apr 19, 2006
The chamber's top priority - to resurrect the repeal of Pennsylvania's joint and several liability laws - has just been achieved. "If you are 10 percent responsible for a jury award, the current law basically says you can be held 100 percent responsible for that entire award," says Kelly. (Pennsylvania Northeast Business Journal, PA)
'We've turned a corner' Apr 19, 2006
"Certainly focusing on medical malpractice alone is only part of the solution to rising healthcare costs and improving quality of care, but it's a big portion and one that policymakers can address fairly easily." Other solutions to explore include caps on non-economic damages, protections for physicians and other healthcare practitioners that follow evidence-based guidelines, repeal of joint and several liability and medical courts. Although MCARE has contributed to and improved the medical... (Pennsylvania Northeast Business Journal, PA)
Two bills before lawmakers cap jury awards, tougher to sue Apr 17, 2006
But the push to make it harder to file and win lawsuits hasn't ended with the elimination of joint and several liability, which will help shield corporations from being hit with large judgments ... Still, House and Senate leaders insist that the latest volley of lawsuit restrictions faces a harder road than the business lobby's successful push to get rid of joint and several liability. (Orlando Sentinel)
Key tort vote set for today Mar 30, 2006
Senators aren't expected to take a final vote on whether to eliminate "joint and several liability" -- the legal doctrine that can force a business to pay most of the damages in a lawsuit award, even if it is only partially to blame for the injury -- until later this week. But people on both sides of the issue say the pivotal showdown is likely to occur today, when senators decide whether to add a provision to the bill (SB 2006) sought by the trial lawyers who have been fighting to preserve... (Orlando Sentinel)
PA Governor Rendell Signs Veto Message to Protect Rights of Victims; Says Bill is Unbalanced Mar 25, 2006
Encourages Action to Limit Joint and Several Liability for PA businesses HARRISBURG, Pa ... The Governor said the bill would have appropriately limited the doctrine of joint and several liability, but was not balanced and urged continued bipartisan work on the subject ... Referring to the 200-year-old joint and several liability doctrine in his veto message to the Legislature, Governor Rendell said: "It has become apparent in our industrialized society that this doctrine has produced inequitable... (PR Newswire)
Omnicom Prices $1.0 Billion Senior Notes Offering Mar 25, 2006
90 percent per annum, will be the joint and several unsecured and unsubordinated obligations of Omnicom Group Inc., Omnicom Capital Inc. and Omnicom Finance Inc., and will rank equal in right of payment to all of their respective existing and future unsecured senior indebtedness. The notes will be issued under an automatic shelf registration statement relating to senior debt securities. (PR Newswire)
Debate over lawsuits revs up as businesses, lawyers try to influence legislators Mar 20, 2006
At issue is an effort to eliminate the long-established legal doctrine of joint and several liability ... More than $800,000 of that cash came from the insurance industry, which stands to benefit most if joint and several is abolished ... Florida's business lobby, long one of the most successful interest groups in the state Capitol, has made no secret that getting rid of joint and several is their top priority this year. (Sun-Sentinel.com)
Gov. Bush focuses on past achievements, skips contentious topics during speech Mar 8, 2006
Among other aggressive moves, he is putting high on the to-do list the task of repealing Florida's "joint and several liability" law. Business groups say the law forces defendants to pay more than their fair share of jury awards. (Sun-Sentinel.com)
STATE OF THE STATE Mar 8, 2006
"We must repeal Florida's joint and several liability law, a job killer of the first degree.". The Battle Lines. (Sun-Sentinel.com)
NFIB targets eminent domain abuse Mar 8, 2006
Additionally, NFIB plans to continue pursuing comprehensive civil-justice reform, including elimination of joint and several liability, also known as the "deep pockets" rule. Joint and several liability can force parties only partially or remotely responsible for a loss to pay a disproportionate share of a court award, or sometimes even the entire amount, the federation says. (Orlando Business Journal)
Grant outlines legislative future Feb 19, 2006
Last year, measures to limit joint and several liability were passed by the House but failed in the Senate. Without these limitations, Grant said, a party that is only slightly responsible for causing an injury or damages might have to pay the entire cost if another more responsible party cannot pay its share. (Charlotte Sun Herald)
Gallagher Positioning Himself As Champion Of Tort Reform Jan 31, 2006
" Reform Agenda Gallagher proposes: Creating licensing requirements for expert witnesses in malpractice lawsuits, which could make it harder for patients to obtain witnesses. Repealing laws that sometimes allow an injured person to collect all medical bills and lost wages, up to a $2 million cap, from a single defendant, even if others also were responsible for the injury. The legal doctrine, called "joint and several liability," is a major concern of large businesses, who sometimes end up... (Tampa Bay Online -- News)
Lobbying groups accused of intimidation Jan 26, 2006
The bill voted on Wednesday would end a legal doctrine called "joint and several liability" that lets injured people in negligence cases recover more money for lost wages from richer defendants, usually larger companies, than those companies' share of the fault for the injury. During a House committee hearing Wednesday on the bill, one Republican lawmaker announced she had been threatened by trial lawyers who wanted her to oppose the bill, while two more accused big business of waging an... (The News-Press)
Lobbyists Draw Ire In Tort Debate Jan 26, 2006
" The exchanges spiced up an otherwise dry hearing bogged down in legalese. Florida law allows joint and several liability for economic damages only, subject to various thresholds and caps. In some cases it makes one party responsible for all of an award even if that party only is partially to blame. The law was tweaked in 1999, and opponents of elimination of joint and several liability trotted out statements lauding the earlier changes by Gov. Jeb Bush and then-Rep. Allan Bense. Bense,... (Tampa Bay Online, FL -- News)
Common Money Mistakes Jan 22, 2006
That's because generally joint and several liability applies to all joint returns, which means that you are jointly AND individually responsible for any underpayment of tax that may become due. This applies, even if a divorce decree states otherwise. (CBS News)
