Joint And Several Liability

986 Florida cases classified under this topic, plus 19 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Fabre v. Marin
  623 So. 2d 1182· Fla.· 1993-08-26 ·cited 431×
  The Florida Supreme Court interprets section 768.81(3) of the Florida Statutes, which eliminates joint and several liability for noneconomic damages, holding that a defendant is liable only for damages proportionate to that defendant's percentage of fault among all accident parti
• Smith v. Dep't OF Ins.
  507 So. 2d 1080· Fla.· 1987-04-23 ·cited 249×
  The Florida Supreme Court upheld most of the Tort Reform and Insurance Act of 1986, which was enacted in response to a commercial liability insurance crisis. However, the Court held unconstitutional the $450,000 cap on noneconomic damages and struck down provisions retroactively
• Borel v. Fibreboard Paper Prods. Corp.
  493 F.2d 1076· 5th Cir.· 1973-09-10 ·cited 230×
  The court held that the jury could reasonably find that the defendants failed to provide adequate warnings of the gravity of the dangers of asbestos exposure, and that the plaintiff did not unreasonably assume the risk of his known danger.
• Seaboard Air Line Ry. Co. v. Gertrude M. Watson
  94 Fla. 571· Fla.· 1927-08-01 ·cited 226×
  Seaboard Air Line Railway Company appeals a judgment for personal injuries awarded to Gertrude M. Watson after an automobile collision with a railroad train car at a crossing in Tallahassee. The Florida Supreme Court affirms the liability judgment but reduces the award from $12,0
• Transgo, Inc. v. Ajac Transmission Parts Corp.
  768 F.2d 1001· 9th Cir.· 1985-01-15 ·cited 168×
  The court held that the jury's findings of trademark infringement and secondary meaning for 'Shift Kit' were supported by substantial evidence, and that the defendants' copying demonstrated an intent to trade on Transgo's goodwill.
• Wells v. Tallahassee Mem'l Reg'l Med. Ctr., Inc.
  659 So. 2d 249· Fla.· 1995-06-15 ·cited 161×
  The Florida Supreme Court held that setoff statutes do not apply to noneconomic damages in cases governed by Florida's comparative fault statute, which eliminates joint and several liability for noneconomic damages. Settlement proceeds must be apportioned between economic and non
• Philip C. D'Angelo, M.D. v. Fitzmaurice
  863 So. 2d 311· Fla.· 2003-11-26 ·cited 153×
  The Florida Supreme Court addressed whether a nonsettling defendant in a medical malpractice case can set off a settlement amount received from another tortfeasor when that settling tortfeasor was not included on the verdict form. The Court held that economic damages may be set o
• Anderson v. Nosser
  438 F.2d 183· 5th Cir.· 1971-02-10 ·cited 119×
  The court granted a petition for rehearing en banc, vacating the prior panel decision.
• Anderson v. Nosser
  456 F.2d 835· 5th Cir.· 1972-03-03 ·cited 118×
  A directed verdict was warranted against Superintendent Breazeale for violating arrestees' due process rights through summary punishment at Parchman, and against Chief Robinson for violating Mississippi law by failing to take arrestees before a magistrate.
• Ramel v. Chasebrook Constr. Co., Inc.
  135 So. 2d 876· Fla. 2d DCA· 1961-11-22 ·cited 118×
  Homebuyers appealed dismissal of a fraud and deceit action against a construction company and its executives after discovering a house sold to them was built on inadequate muck foundation without proper piling. The court reversed, holding that statements the house was 'well const
• Ruzicka v. Gen. Motors Corp.
  523 F.2d 306· 6th Cir.· 1975-09-23 ·cited 96×
  A union's negligent failure to file a prerequisite grievance document breaches its duty of fair representation.
• Lamb v. Matetzschk
  906 So. 2d 1037· Fla.· 2005-06-23 ·cited 93×
  The Florida Supreme Court held that Rule of Civil Procedure 1.442(c)(3) requires that settlement proposals made to multiple defendants must differentiate the amount and terms attributable to each defendant, even when one defendant's liability is purely vicarious. The Court approv
• Schoeff v. R.J. Reynolds Tobacco Co.
  232 So. 3d 294· Fla.· 2017-12-14 ·cited 91×
  The Florida Supreme Court held that the comparative fault statute does not apply to reduce compensatory damages in Engle tobacco progeny cases when the jury finds for the plaintiff on intentional tort claims. The court also upheld a $30 million punitive damages award as constitut
• Univ. OF Miami v. Echarte
  618 So. 2d 189· Fla.· 1993-05-13 ·cited 91×
  The Florida Supreme Court upheld sections 766.207 and 766.209 of Florida's medical malpractice arbitration statutes, which cap noneconomic damages at $250,000 when a defendant requests arbitration and $350,000 when a claimant rejects a defendant's arbitration offer. The Court hel
• United States v. Carroll Towing Co., Inc.
  159 F.2d 169· 2d Cir.· 1947-01-09 ·cited 90×
  The court held that the owner of a barge is liable for damages resulting from its sinking if the bargee's prolonged absence without excuse during working hours contributed to the loss, and that the owner of the tug whose employee's actions led to the barge breaking free is also l
• Donovan v. Loran W. Robbins
  752 F.2d 1170· 7th Cir.· 1985-01-03 ·cited 89×
  The court held that the district court erred in not approving the settlement agreement because ERISA permits equitable contribution among co-trustees, and the comparative fault rule discussed by the majority is inapplicable and unnecessary dicta.
• McKINNON v. City OF Berwyn
  750 F.2d 1383· 7th Cir.· 1984-12-19 ·cited 87×
  The court held that the district judge erred in granting judgment notwithstanding the verdict for the City of Berwyn due to a procedural defect and that the plaintiff should have been offered a new trial instead of a remittitur on punitive damages against Montoro. The court also
• Self v. Great Lakes Dredge & Dock Co.
  832 F.2d 1540· 11th Cir.· 1987-12-01 ·cited 84×
  The court held that the district court erred in limiting the plaintiff's recovery based on a settlement with another tortfeasor, and that the plaintiff is entitled to recover full damages less the amount already paid in settlement. The court also remanded for specific findings on
• Kauffman v. Annabel King
  89 So. 2d 24· Fla.· 1956-07-27 ·cited 84×
  The Florida Supreme Court reviewed an order denying a motion to dismiss a lawsuit based on improper venue. The court held that resident defendants are entitled to venue privilege even when sued alongside non-resident defendants, quashing the lower court's order.
• Struble v. NEW Jersey Brewery Emps'. Welf. Tr. Fund
  732 F.2d 325· 3d Cir.· 1984-04-16 ·cited 81×
  The court held that the "then current" collective bargaining agreement referred to the agreement in effect at the time payment was due, not at the time of retirement, thus affirming summary judgment for employers on Count I. For Count IV, the court held that the "arbitrary and ca
• In re Corrugated Container Antitrust Litig. Adams Extract Co. v. Pleasure Hours, Inc.
  643 F.2d 195· 5th Cir.· 1981-04-03 ·cited 81×
  The court held that conflicts of interest did not invalidate the pre-January 5 settlements, but remanded the case for more detailed findings regarding the adequacy of the settlements and the distribution plan.
• Austin v. Unarco Indus., Inc.
  705 F.2d 1· 1st Cir.· 1983-03-30 ·cited 80×
  The court held that the bankruptcy stay applies only to the debtor and not to solvent co-defendants, and that admiralty law could apply to products liability claims arising from shipyard asbestos exposure.
• Merrill Crossings Assocs. v. McDONALD
  705 So. 2d 560· Fla.· 1997-12-04 ·cited 73×
  The Florida Supreme Court held that an action alleging negligent failure to provide adequate security, resulting in an intentional criminal assault by a third party, is an action "based upon an intentional tort" under Florida Statutes § 768.81(4)(b) and therefore falls outside th
• Grandstaff v. The City OF Borger
  767 F.2d 161· 5th Cir.· 1985-08-05 ·cited 73×
  Police officers are liable under both Texas law and the Fourteenth Amendment for recklessly using deadly force that kills an innocent third party, even when the force might have been justified against the actual suspect. A municipality is liable under § 1983 for a policy of consc
• Anhoco Corp. v. Dade Cnty.
  144 So. 2d 793· Fla.· 1962-03-07 ·cited 73×
  Anhoco Corporation sued Dade County for damages resulting from the destruction of its right of access to a land service road that was converted into a limited access highway. The Florida Supreme Court held that Anhoco is entitled to compensation for the temporary destruction of i
• Ins. Co. OF N. Am. v. Forty-Eight Insulations, Inc.
  633 F.2d 1212· 6th Cir.· 1980-10-21 ·cited 71×
  The court held that under the exposure theory, bodily injury occurs upon initial inhalation of asbestos fibers, triggering coverage from all insurers during the period of exposure, not just when the disease manifests.
• Union Starch & Ref. Co. v. Nat'l Labor Relations Bd.
  186 F.2d 1008· 7th Cir.· 1951-02-02 ·cited 70×
  An employer cannot discharge an employee under a union security agreement for reasons other than failure to tender periodic dues and initiation fees, even if other union membership conditions are not met.
• Gmac Commercial Mortg. Corp. v. Maitland Hotel Assocs.
  218 F. Supp. 2d 1355· M.D. Fla.· 2002-05-15 ·cited 69×
  GMAC Commercial Mortgage Corp. obtained a default judgment against Maitland Hotel Associates and individual guarantors McIntyre and Walker for breach of a commercial equipment lease governed by Georgia law. The court awarded principal, late fees, and attorney's fees capped under
• Barton Protective Servs., Inc. v. Faber
  745 So. 2d 968· Fla. 4th DCA· 1999-07-21 ·cited 69×
  A shopping mall security company (Barton) was held liable under 42 U.S.C. § 1983 for false arrest as a willful participant in joint action with police officers who arrested two men without probable cause. The court affirmed the liability finding but reversed the trial court's app
• Agency FOR Health Care Admin. v. Associated Indus. OF Fla., Inc.
  678 So. 2d 1239· Fla.· 1996-06-27 ·cited 68×
  The Florida Supreme Court reviewed the constitutionality of the Medicaid Third-Party Liability Act of 1994, which creates an independent state cause of action to recover Medicaid expenditures from tortfeasors. The Court largely upheld the Act's facial constitutionality while stri
• Bacon v. Louen N. Green
  36 Fla. 325· Fla.· 1895-06-01 ·cited 66×
  In this contract dispute, Mark R. Bacon signed an agreement with Louen N. Green to create abstract books of Jefferson County, Alabama records, but failed to complete the work. Green rescinded the contract and sued for recovery of money paid. The Florida Supreme Court affirmed tha
• Slawson v. Fast Food Enters.
  671 So. 2d 255· Fla. 4th DCA· 1996-04-10 ·cited 62×
  A Burger King patron was raped by an intoxicated third party after the restaurant failed to eject him despite his prior sexual harassment of employees. The court held that Florida's comparative fault statute (section 768.81) does not apply to actions based on intentional torts, a
• Fed. Sav. & Loan Ins. Corp. v. Murray
  853 F.2d 1251· 5th Cir.· 1988-09-06 ·cited 60×·via Solidary Liability
  The court held that the D'Oench, Duhme doctrine and federal common law preclude makers of promissory notes from asserting defenses, including fraudulent alteration, against the FSLIC when it acquires the notes in a purchase and assumption transaction.
• Rosalind Fogel and Gerald Fogel v. Chestnutt
  668 F.2d 100· 2d Cir.· 1981-12-17 ·cited 59×
  The court held that the defendants' argument regarding the non-existence of an implied private cause of action under the Investment Company Act of 1940 was precluded by the pretrial order and the law of the case doctrine, and that subsequent Supreme Court decisions did not demons
• Booth-Kelly Lumber Co. v. S. Pac. Co.
  183 F.2d 902· 9th Cir.· 1950-06-28 ·cited 59×
  The court held that the contract's indemnity provision entitled Southern Pacific to full recovery because Booth-Kelly's negligence was the primary cause of the injury, fitting the exception for active negligence under common law principles reflected in the contract.
• U.S. Indus., Inc. v. Touche Ross & Co.
  854 F.2d 1223· 10th Cir.· 1988-08-22 ·cited 58×
  The court held that the sale of FEK stock constituted a security transaction, that the assignment provision did not preclude USI from asserting claims, and that the trial court did not err in denying full credit for settlement amounts.
• Feinstone v. Allison Hosp., Inc.
  106 Fla. 302· Fla.· 1932-08-02 ·cited 58×
  Feinstone sued Allison Hospital for malpractice in treating injuries from an automobile accident, but the hospital defended with a plea that Feinstone had settled his claim against the original tortfeasor (the driver) and executed a release. The Florida Supreme Court held that wh
• Elliott Jones Halberstam v. Welch
  705 F.2d 472· D.C. Cir.· 1983-04-12 ·cited 57×
  A defendant can be held civilly liable for a co-conspirator's tortious acts, including murder, if they agreed to participate in unlawful conduct and the act was in furtherance of the conspiracy, even if they did not directly commit the act or intend that specific outcome.
• Conley v. Boyle Drug Co.
  570 So. 2d 275· Fla.· 1990-11-01 ·cited 56×
  The Florida Supreme Court adopted a market-share alternate liability theory for DES cases, permitting plaintiffs unable to identify the specific manufacturer of the drug that caused their injury to proceed against manufacturers who produced the type of DES involved. This landmark
• Borden, Inc. v. Fla. E. Coast Ry. Co.
  772 F.2d 750· 11th Cir.· 1985-09-30 ·cited 56×
  The court held that the trial court erred in excluding evidence of a prior similar incident and in apportioning damages, but affirmed the decision to allow amendment of the complaint.
• In re Bialac v. Bialac
  712 F.2d 426· 9th Cir.· 1983-08-04 ·cited 56×
  A pre-foreclosure right to redeem collateral, even if held by a debtor with only a fractional interest, constitutes 'property of the estate' protected by the automatic stay under 11 U.S.C. § 362.
• Meyers v. Clearview Dodge Sales, Inc.
  539 F.2d 511· 5th Cir.· 1976-09-27 ·cited 56×
  The court held that Chrysler Credit was a creditor, not a subsequent assignee, and affirmed the finding that failure to itemize certain fees constituted a TILA violation, but reversed findings regarding the disclosure of a 'finder's fee' and an acceleration clause.
• Mirabal v. Gen. Motors Acceptance Corp.
  537 F.2d 871· 7th Cir.· 1976-03-26 ·cited 56×
• Donovan v. Mazzola
  716 F.2d 1226· 9th Cir.· 1983-08-23 ·cited 55×
  The court affirmed the district court's judgments finding the trustees breached their fiduciary duties under ERISA and holding them in contempt for failing to post an indemnity bond.
• Alexander/Davis Props., Inc. v. Graham
  397 So. 2d 699· Fla. 4th DCA· 1981-03-04 ·cited 55×
  Members of a real estate joint venture (Mid-South group) appeal a fraud judgment awarded to their partner David Graham. The court reverses, holding that the Mid-South group's failure to make mortgage payments constituted breach of contract, not actionable fraud, because there was
• Wal-Mart Stores, Inc. v. McDONALD
  676 So. 2d 12· Fla. 1st DCA· 1996-06-11 ·cited 54×
  In this premises liability case, Wal-Mart Stores and Merrill Crossings Associates were held liable for damages when Lawrence McDonald was shot by an unknown assailant in a shopping center parking lot. The court affirmed the jury's apportionment of negligence and held that an inte
• MCA, Inc. v. Wilson
  677 F.2d 180· 2d Cir.· 1981-07-30 ·cited 54×
  The defendants' sexual satire, which used a copyrighted song to parody contemporary mores rather than the song itself, constituted fair use under the Copyright Act. The use was not excessive and did not serve as a market substitute for the original work.
• Dean v. Gladney
  621 F.2d 1331· 5th Cir.· 1980-07-24 ·cited 54×
  The court held that municipalities and counties are not liable under Bivens for the acts of their employees under a theory of respondeat superior, and that joint and several liability was improperly imposed on Deputy Saldivar for the actions of Officer Maddox.
• Gideon v. Johns-Manville Sales Corp.
  761 F.2d 1129· 5th Cir.· 1985-06-03 ·cited 51×
  The court held that expert testimony on future cancer risk is admissible if based on reasonable medical probability, and that evidence of exposure to products of bankrupt defendants is not material to the current trial's determination of liability.
• Pembroke Lakes Mall Ltd. v. McGRUDER
  137 So. 3d 418· Fla. 4th DCA· 2014-02-26 ·cited 50×
  This case involves a slip-and-fall accident at a shopping mall where the plaintiff McGruder recovered $269,049.50 from defendants Pembroke Lakes Mall and Millard Mall Services. The appellate court affirmed the denial of directed verdict and mistrial motions, affirmed that the old