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

• Pernell Barker v. Vonnie Rene Anderson
  546 So. 2d 449· Fla. 1st DCA· 1989-07-13 ·cited 6×
  Pernell Barker, driver of a rented van, appeals a jury verdict finding him 70% comparatively negligent for injuries sustained by his passenger when struck by a Wal-Mart truck at a Georgia intersection. The Florida appellate court affirmed the trial court's application of Georgia
• Reed v. Shell Offshore Inc.
  872 F.2d 680· 5th Cir.· 1989-05-15 ·cited 6×·via Solidary Liability
  The court held that Louisiana Civil Code Art. 2324, enacted after Olsen, requires apportionment of fault to third parties, including those performing work on the platform, in cases involving custodial liability under Art. 2317.
• Hartford Cas. Ins. Co. v. Argonaut-Midwest Ins. Co.
  854 F.2d 279· 7th Cir.· 1988-08-19 ·cited 6×
  An assignment by an insured of a claim against one insurance company to another insurance company is not against public policy and is enforceable, especially when it facilitates settlement and protects the insured's assets.
• Zanditon v. Feinstein
  849 F.2d 692· 1st Cir.· 1988-06-16 ·cited 6×
  The court held that the Guarantee remained enforceable against Theodore Libby even after his departure from the company, and that the Save Harmless Agreement was intended as a personal indemnity to the trustees, not a guarantee enforceable by the PBGC.
• Joel B. Fleisher, M.D. v. Fla. Patient's Comp. Fund
  498 So. 2d 436· Fla. 3d DCA· 1986-04-22 ·cited 6×
  Dr. Fleisher sought contribution from the Florida Patient's Compensation Fund after a malpractice judgment exceeded a joint tortfeasor's limited liability, but the court affirmed dismissal because the Fund was not joined in the original malpractice action as required by statute.
• Gen. Dynamics Corp. v. Wright Airlines, Inc.
  470 So. 2d 788· Fla. 3d DCA· 1985-06-11 ·cited 6×
  This case involves a products liability action where the appellate court affirmed the trial court's judgment against General Dynamics on its main appeal but reversed the apportionment of damages on cross-appeals, finding that joint and several liability applied. The court held th
• MacMILLAN Bloedel Ltd. & MacMillan Bloedel, Inc. v. The Flintkote Co.
  760 F.2d 580· 5th Cir.· 1985-05-06 ·cited 6×
  A buyer of corporate assets cannot recover from the seller for amounts paid to settle antitrust claims arising from the buyer's own joint and several liability, even if the seller's pre-acquisition conduct contributed to the overall conspiracy.
• San Diego Reg'l Emp. & Training Consortium (retc) v. U.S. Dep't OF Labor
  713 F.2d 1441· 9th Cir.· 1983-08-25 ·cited 6×
  The court held that a CETA prime sponsor (RETC) can be held jointly and severally liable for its subgrantee's (Chula Vista) violation of the Act, and that a separate hearing on sanctions is not required.
• Ford Motor Credit Co. v. Hayden Harper, Jr.
  671 F.2d 1117· 8th Cir.· 1982-02-26 ·cited 6×
  A buyer's revocation of acceptance is justifiable when goods have a nonconformity that substantially impairs their value, even if the nonconformity stems from seller's repair failures rather than solely manufacturing defects.
• Whittlesey v. Weyerhauser Co.
  640 F.2d 739· 5th Cir.· 1981-03-26 ·cited 6×
  The court held that the bankruptcy judge did not abuse discretion in entering default judgments, but erred in stacking damages and attorney fees against jointly and severally liable parties.
• Ohio Drill & Tool Co. v. Johnson
  625 F.2d 738· 6th Cir.· 1980-06-25 ·cited 6×
  The court held that defendants breached their fiduciary duty by profiting at the corporation's expense and that joint and several liability should be imposed, but affirmed the finding of no liability under § 10(b)/Rule 10b-5.
• Girard Tr. Bank v. Martin
  557 F.2d 386· 3d Cir.· 1977-06-22 ·cited 6×
  A petition to open or vacate a judgment entered in federal court is procedurally governed by Rule 60(b), Fed.R.Civ.P., not liberal notice pleading standards, and requires allegations of fraud to be stated with particularity.
• Michie v. Great Lakes Steel Division
  495 F.2d 213· 6th Cir.· 1974-04-04 ·cited 6×
  The court held that under Michigan law, multiple independent polluters whose actions cause a single, indivisible injury may be held jointly and severally liable, and that individual claims exceeding $10,000 satisfy diversity jurisdiction requirements.
• Amritt v. Paragon Homes, Inc.
  474 F.2d 1251· 3d Cir.· 1973-03-06 ·cited 6×
  The court held that Paragon Homes was liable for faulty construction because its conduct endowed its distributor and the contractor with apparent authority to act as its agents.
• Colonial Rest. Corp. v. State of Fla. Dep't OF Commerce
  248 So. 2d 494· Fla. 4th DCA· 1971-05-26 ·cited 6×
  Colonial Restaurant Corporation appeals a judgment enforcing a retroactive workers' compensation assessment against it as a member of the Florida Restaurant Self Insurers Fund. The court held that delinquent assessments may be enforced by the Fund's trustees but reversed the judg
• Corning Glass Works v. Puerto RICO Water Res. Auth., Inc.
  396 F.2d 421· 1st Cir.· 1968-06-05 ·cited 6×
  A third-party plaintiff's right to contribution is not extinguished by the original plaintiff's inability to sue the third-party defendant directly due to the statute of limitations.
• United States v. Peerless Ins. Co.
  374 F.2d 942· 4th Cir.· 1967-03-06 ·cited 6×
  Default judgments against a surety are not final and appealable under Rule 54(b) until all claims against the principal obligor are resolved, even if the claims against the principal are later dismissed without prejudice.
• Armon Boyd Coursey v. Morgan Driveway, Inc.
  366 F.2d 504· 6th Cir.· 1966-09-29 ·cited 6×
  The court held that a jury could reasonably conclude that the defendant's negligence was a substantial factor in causing the plaintiff's injuries, and that the duty to warn the public of a highway blockage was non-delegable.
• City OF Hialeah v. Hutchins
  189 So. 2d 165· Fla. 3d DCA· 1966-07-26 ·cited 6×
  The City of Hialeah appeals a jury verdict awarding damages to a plaintiff injured by a police officer's assault and battery. The appellate court reverses and remands, directing entry of judgment against the City for only the amount of compensatory damages found against the indiv
• Moore v. Strong
  360 F.2d 71· 10th Cir.· 1966-05-05 ·cited 6×
  The court held that the evidence was sufficient to sustain the jury's verdicts against the appellants, and that the trial court did not err in admitting evidence or in its conduct during the trial.
• Gilmer v. Bankruptcy
  332 F.2d 541· 4th Cir.· 1964-05-25 ·cited 6×
  The court held that the $260,000 deed of trust was not a fraudulent transfer because the referee's finding of no intent to hinder, delay, or defraud creditors was supported by substantial evidence, and Gilmer acted in good faith. However, the court affirmed the lower court's deci
• United States v. Ailcie Whittle and William B. Hairston
  287 F.2d 638· 4th Cir.· 1961-03-27 ·cited 6×
  The court held that the owner of a farm, who had no knowledge of excess tobacco planting, is not jointly and severally liable for the entire penalty imposed under the Agricultural Adjustment Act.
• Phillips Petroleum Co. v. Hardee
  189 F.2d 205· 5th Cir.· 1951-05-22 ·cited 6×
  The court held that the jury's verdict, finding each defendant individually liable for the entire damage, was unsupported by the evidence and that the case should have been submitted on a theory of joint and several liability for independent negligent acts that combined to cause
• State v. Sweat
  120 Fla. 312· Fla.· 1935-06-22 ·cited 6×
  The Florida Supreme Court held that a judgment creditor (the administrator of a deceased partner's estate) may direct a sheriff to levy execution on the separate property of either or both surviving partners, rather than being required to exhaust partnership assets first. The cou
• Baker Cnty. State Bank v. Jones
  86 Fla. 484· Fla.· 1923-11-22 ·cited 6×
  Baker County State Bank sued the sheriff as administrator of a deceased promissory note maker's estate to recover on a joint and several note. The court reversed the trial court's dismissal, holding that when one of multiple joint and several obligors dies, a separate action may
• Graham v. Sewell
  80 Fla. 720· Fla.· 1920-11-22 ·cited 6×
  The Florida Supreme Court reversed a joint judgment against stockholders of a defectively formed corporation who were sued as a partnership. The court held that when stockholders lack statutory compliance for corporate formation, they are liable as partners under common law rules
• Schmidt v. Sabow
  331 So. 3d 781· Fla. 2d DCA· 2021-08-18 ·cited 5×
  The appellate court reversed a trial court's judgment that a consent and joinder signed by the Schmidts constituted a personal guarantee of a contract. The court found the claims were barred by res judicata and the statute of limitations, and that the consent and joinder did not
• Est. of Miller Ex Rel. Miller v. Thrifty Rent-A-Car Sys., Inc.
  609 F. Supp. 2d 1235· M.D. Fla.· 2009-04-10 ·cited 5×
  The court determined that Florida law, specifically the Fabre defense, does not apply to the apportionment of liability in this case because Florida lacks a sufficient interest. The court found that South Africa and Oklahoma have interests in applying their respective laws.
• Canseco v. Cheeks
  939 So. 2d 1122· Fla. 3d DCA· 2006-10-04 ·cited 5×
  Former professional baseball players Jose and Oswaldo Canseco appealed a judgment for battery, conspiracy to commit battery, and intentional infliction of emotional distress after they attacked two conference attendees at a Miami Beach nightclub without provocation. The Florida D
• Froats v. Baron
  883 So. 2d 885· Fla. 5th DCA· 2004-10-01 ·cited 5×
  The trial judge acted prematurely in transferring venue because the plaintiff should have been given an opportunity to amend her complaint to properly allege joint and several liability for injuries from successive accidents.
• Lagueux v. Union Carbide Corp.
  861 So. 2d 87· Fla. 4th DCA· 2003-11-26 ·cited 5×
  A defendant must present specific evidence of a non-party's fault to include them on jury instructions and verdict forms for apportionment of liability.
• Victor Doig, M.D. v. Chester
  776 So. 2d 1043· Fla. 5th DCA· 2001-02-02 ·cited 5×
  Mary Chester recovered $507,321 in arbitration against Dr. Doig for her husband's death from medical malpractice, including $250,000 in non-economic damages capped by statute. The court addressed whether Chester's prior $150,000 settlement with Halifax Hospital should offset the
• SPP Real Est. (Grand BAY), Inc. v. Joseph J. Portuondo, P.A.
  756 So. 2d 182· Fla. 3d DCA· 2000-04-05 ·cited 5×
• Gopher OIL Co., Inc. v. Union OIL Co. OF Cal.
  955 F.2d 519· 8th Cir.· 1992-01-28 ·cited 5×
  The court affirmed the district court's findings of fraud and 100% liability for cleanup costs, but remanded for recalculation of attorney fees and determination of fraud damages.
• Cnty. Line Inv. Co. v. Tinney
  933 F.2d 1508· 10th Cir.· 1991-05-24 ·cited 5×
  The court held that consistency with the National Contingency Plan (NCP) is a required element for a prima facie claim under CERCLA sections 107 and 113(f), and that the plaintiffs failed to demonstrate this consistency.
• Biltmore Constr. Co., Inc. v. Nat'l Union Fire Ins. Co. of Pittsburgh
  572 So. 2d 532· Fla. 2d DCA· 1990-11-21 ·cited 5×
  Biltmore Construction sued Demarest Company and its surety National Union on a performance bond for breach of a subcontract. The trial court granted summary judgment for National Union, finding Biltmore had sued the wrong Demarest entity and failed to plead the principal's defaul
• McCRAY v. United States
  910 F.2d 1289· 5th Cir.· 1990-09-10 ·cited 5×
  The court held that a responsible person can be assessed the full penalty even if others have paid portions, but can later seek an administrative adjustment for overpayment.
• Council 49 v. Reach
  843 F.2d 1343· 11th Cir.· 1988-05-04 ·cited 5×
  Union officials breached their fiduciary duty by failing to pay payroll taxes and by overpaying one official, but not by incurring attorney fees or bank overdraft charges.
• Hunter v. Tartan Constr. Co.
  522 So. 2d 77· Fla. 4th DCA· 1988-03-02 ·cited 5×
  A guarantor remains fully liable under a guaranty agreement even when a co-guarantor fails to sign, absent clear contractual language or proven parol evidence conditioning the guarantor's obligation on all parties signing.
• Stern v. Dejong
  462 So. 2d 41· Fla. 1st DCA· 1984-12-18 ·cited 5×
  The court held that the common law right to sue surviving joint obligors is not extinguished by the inability to sue a dissolved corporation.
• Desantis v. Vecellio
  Fla. 4th DCA· 2018-03-21 ·cited 4×
  Buyers of an oceanfront Palm Beach residence sued the sellers, developer, general contractor, and subcontractors for construction defects including mold and water damage. After settling with most subcontractors for $2.725 million and obtaining additional damages from the sellers
• McCALLA v. E.C. Kenyon Constr. Co., Inc.
  183 So. 3d 1192· Fla. 1st DCA· 2016-01-15 ·cited 4×
  The McCallas won a judgment against a construction company for breach of contract and warranty violations, then sued to recover assets the company fraudulently transferred to avoid satisfying the judgment. The trial court dismissed the fraudulent transfer action, but the appellat
• Rodriguez v. City of Miami
  28 F. Cas. 1067· S.D. Fla.· 2012-12-04 ·cited 4×
• Goldblatt v. C.P. Motion, Inc.
  77 So. 3d 798· Fla. 3d DCA· 2011-12-28 ·cited 4×
  The Goldblatts appealed a judgment awarding C.P. Motion $4,969,339 based on a liquidated damages clause in a settlement agreement. The court reversed the damage award, finding the liquidated damages clause unenforceable as a penalty because actual damages were readily ascertainab
• La Costa Beach Club Resort Condo. Ass'n, Inc. v. Alphonso Carioti
  37 So. 3d 303· Fla. 4th DCA· 2010-04-14 ·cited 4×
  La Costa Beach Club Resort appealed a trial court's order granting a new trial based on three grounds: an alleged illegal Mary Carter settlement agreement, attorney misconduct, and erroneous jury instructions on joint and several liability. The appellate court reversed, finding n
• Jackson v. York Hannover Nursing Ctrs.
  876 So. 2d 8· Fla. 5th DCA· 2004-05-07 ·cited 4×
  Annie Jackson, as personal representative of a nursing home resident who died, appealed a judgment apportioning fault between York Hannover Nursing Centers and Brooksville Regional Medical Center. The Fifth District Court of Appeal affirmed the trial court's decision to include t
• Hibbard v. McGRAW
  862 So. 2d 816· Fla. 5th DCA· 2003-12-05 ·cited 4×
  Amanda Carr appeals from a judgment in favor of defendants in a personal injury action and an award of attorney's fees based on an unaccepted settlement offer. The court reversed the attorney's fees award because the defendants' settlement proposal was ambiguous regarding which p
• Alex R. Cohen, D.O. v. Richter
  667 So. 2d 899· Fla. 4th DCA· 1996-02-07 ·cited 4×
  The trial court erred by not setting off only the portion of the nursing home's settlement attributable to economic damages, as required by Wells v. Tallahassee Memorial Regional Medical Center.
• Yablon v. N. River Ins. Co.
  654 So. 2d 1033· Fla. 4th DCA· 1995-05-17 ·cited 4×
  The court held that even if the policy's non-consensual settlement clause applied to joint tortfeasors, the insureds demonstrated a lack of prejudice to the UM insurer, thus reversing the declaratory judgment.
• McFALL v. Inverrary Country Club, Inc.
  622 So. 2d 41· Fla. 4th DCA· 1993-07-07 ·cited 4×
  Michael McFall was injured when a golf cart he was riding in was struck by a vehicle at a crossing on Inverrary Country Club's property. McFall appealed the jury verdict in favor of the Club and Association, arguing that the trial court erroneously excluded rebuttal expert testim