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

• United States v. Alcan Aluminum Corp.
  990 F.2d 711· 2d Cir.· 1993-04-06 ·cited 4×
  The court held that a party can avoid CERCLA liability if it demonstrates its pollutants did not contribute to the release or response costs, or only contributed to a divisible portion of the harm, and that CERCLA does not impose a minimum concentration requirement for hazardous
• Goldman v. Medfit Int'l, Inc.
  982 F.2d 686· 1st Cir.· 1993-01-06 ·cited 4×
  The court held that an unsworn statement signed under penalty of perjury is admissible evidence for summary judgment, personal jurisdiction was properly established, and dismissal of counterclaims and entry of default judgment were not abuses of discretion.
• In re Chateaugay Corp. v. The LTV Corp.
  973 F.2d 141· 2d Cir.· 1992-08-24 ·cited 4×
  The court held that the bankruptcy court did not abuse its discretion in authorizing the sale of Aerospace's assets under 11 U.S.C. § 363(b), applying the Lionel standard and finding good business reasons for the sale.
• FOX v. Allied-Signal, Inc.
  966 F.2d 626· 11th Cir.· 1992-07-16 ·cited 4×
  A federal appellate court certified to the Florida Supreme Court the question of whether a jury must consider a non-party's comparative fault when apportioning liability under Florida's Tort Reform Act, where the plaintiff's employer was immune from suit under workers' compensati
• Ins. Co. OF N. Am. v. The United States
  951 F.2d 1244· Fed. Cir.· 1991-12-10 ·cited 4×
  A surety owes interest from the time a creditor properly demands payment under a suretyship contract, and this interest may increase the surety's obligation beyond the penal amount of the bond.
• Christopherson v. Deere & Co.
  941 F.2d 692· 8th Cir.· 1991-08-12 ·cited 4×
  The court held that Iowa law requires joint and several liability for defendants found fifty percent or more at fault, even when other parties are also at fault.
• United States v. Daniele
  931 F.2d 486· 8th Cir.· 1991-04-23 ·cited 4×
  The court affirmed the denial of the new trial motion and the one-year sentence reduction, but reversed the restitution order, finding Daniele's obligation satisfied by a co-defendant's payment.
• Cent. States Se. & Sw. Areas Pension Fund v. Chatham Props.
  929 F.2d 260· 6th Cir.· 1991-04-03 ·cited 4×
  The court held that subsidiaries of a bankrupt parent corporation, treated as a single employer under ERISA's common control provisions, are jointly and severally liable for interim withdrawal payments to multiemployer pension funds, and the parent's bankruptcy does not create an
• Fed. Deposit Ins. Corp. v. Blanton
  918 F.2d 524· 5th Cir.· 1990-12-06 ·cited 4×
  The court held that the FDIC's sale of securities on recognized markets did not require notice to the debtor, and defects in foreclosure sales of real property entitled the debtor to a credit for fair market value, not full discharge.
• City OF Richmond v. Madison Mgmt. Grp., Inc.
  918 F.2d 438· 4th Cir.· 1990-10-30 ·cited 4×
  The court held that the statute of repose did not bar the fraud claim, and the economic loss rule did not preclude recovery for fraud, as sufficient evidence supported the jury's finding of knowing misrepresentation.
• Carlson v. Bear
  906 F.2d 315· 7th Cir.· 1990-07-05 ·cited 4×
  A clearing broker performing only ministerial duties is not liable under the Illinois Securities Act for aiding or participating in the sale of unregistered securities.
• Patrick v. The City OF Detroit
  906 F.2d 1108· 6th Cir.· 1990-06-28 ·cited 4×
  The court held that while the district court erred in limiting cross-examination on the extent of injuries, this error was relevant only to damages, not liability, and thus a new trial is required solely on the amount of compensatory damages.
• Fed. Sav. & Loan Ins. Corp. v. Butler
  904 F.2d 505· 9th Cir.· 1990-05-31 ·cited 4×
  The court held that the district court erred in interpreting California Civil Procedure Code § 877(a) to allow a setoff based on the settling defendant's stipulated liability rather than the amount stipulated for reduction of claims or consideration paid.
• Rice v. Gustavel
  891 F.2d 594· 6th Cir.· 1989-12-12 ·cited 4×
  The court held that liability under the Motor Vehicle Information and Cost Savings Act is joint and several, not separate and individual, and that plaintiffs are not entitled to additional damages for common law fraud beyond statutory treble damages.
• Nat'l Labor Relations Bd. v. Laborers' Int'l Union OF N. Am., AFL-CIO
  882 F.2d 949· 5th Cir.· 1989-09-08 ·cited 4×
  The court held that Local 350 is a successor union to Local 38 and jointly liable for the backpay judgment, and that the International and Vinall are in contempt for aiding Local 38's evasion of the judgment.
• Fletcher L. Allen v. Allied Plant Maint. Co. OF Tenn., Inc. & Int'l Union of Operating Eng'rs, AFL-CIO
  881 F.2d 291· 6th Cir.· 1989-07-31 ·cited 4×
  The court held that the district court erred in reducing attorney fees by thirty-five percent based on partial success when the claims shared a common core of facts.
• McNAIR v. Megabank, Inc.
  547 So. 2d 207· Fla. 3d DCA· 1989-07-05 ·cited 4×
  The release of one jointly and severally liable judgment debtor does not automatically release all other liable debtors, as the common law rule has been abrogated by statute and case law.
• State Sav. & Loan Ass'n OF Lubbock v. Liberty Tr. Co.
  863 F.2d 423· 5th Cir.· 1989-01-20 ·cited 4×
  The court held that State Federal, as owner of the note, could enforce it even without being a holder, and that the settlement with co-makers did not discharge Liberty Trust's liability. However, the court reversed the award of attorney's fees and expenses due to lack of evidence
• Hess OIL Virgin Islands Corp. v. UOP, Inc.
  861 F.2d 1197· 10th Cir.· 1988-11-18 ·cited 4×
  The court held that the contractual limitation of liability to property damage and bodily injury was enforceable under Illinois law, and that UOP's negligence claims were distinct from its contractual duties. The court also found that UOP waived objections to jury interrogatories
• Goldome Sav. Bank v. Bartholomew
  512 So. 2d 975· Fla. 2d DCA· 1987-08-05 ·cited 4×
  The court held that the guarantors were jointly and severally liable for the full deficiency amount, not limited to 42% of the total indebtedness.
• Walt Disney World Co. & Ins. Co. of N. Am. v. Aloysia Wood and Daniel S. Wood
  489 So. 2d 61· Fla. 4th DCA· 1986-04-09 ·cited 4×
  Walt Disney World was found only 1% liable for injuries sustained by a bumper car operator at its amusement park attraction, with the plaintiff 14% at fault and her fiancé 85% at fault. Despite Disney's argument that joint and several liability should be abolished, the court affi
• Martin v. Am. Petrofina, Inc.
  785 F.2d 543· 5th Cir.· 1986-03-24 ·cited 4×·via Solidary Liability
  The court held that a settling joint tortfeasor's share for purposes of contribution is computed based on proportionate fault, not a pro rata basis, when the tort arises from events occurring after the introduction of comparative negligence in Louisiana.
• Moore v. Johns-Manville Sales Corp.
  781 F.2d 1061· 5th Cir.· 1986-01-30 ·cited 4×
  The jury's apportionment of liability based on relative causation in asbestos product liability cases is permissible under Texas law, and the district court erred in entering a judgment notwithstanding the verdict for pro rata liability.
• Giardiello v. Balboa Ins.
  661 F. Supp. 644· S.D. Fla.· 1985-09-30 ·cited 4×
  A surety for a subcontractor is not an 'employer' under ERISA, and thus claims against it under ERISA lack federal subject-matter jurisdiction, but may proceed as pendant state claims if diversity jurisdiction exists.
• H.B. Hunt and Lola N. Hunt v. Inter-Globe Energy, Inc.
  770 F.2d 145· 10th Cir.· 1985-08-09 ·cited 4×
  The court held that a default judgment against one of several jointly and severally liable defendants must be consistent with the judgment against other defendants, and attorney fees require a hearing.
• Presidio Valley Farmers Ass'n v. Brock
  765 F.2d 1353· 5th Cir.· 1985-07-25 ·cited 4×
  The court held that individual growers cannot be held jointly and severally liable for the FLORA violations of the corporate farm labor contractor (PVFA), but may be liable for specific violations on an individual basis. Damages for work agreement breaches were vacated and remand
• Cruickshank & Co. v. Stavros K. Sorros
  765 F.2d 20· 2d Cir.· 1985-06-17 ·cited 4×
  The court held that a party cannot be held liable for conversion if they lacked possession or the right to immediate possession of the chattel, and that an agent is not liable for their principal's breach of contract.
• Levine v. CMP Publ'ns, Inc.
  753 F.2d 1341· 5th Cir.· 1985-03-01 ·cited 4×
  The court held that the panel opinion did not err in finding no 'double recovery' and that the jury's damage awards were consistent with the evidence and constitutional standards.
• Roberts v. Rockwell Int'l Corp.
  462 So. 2d 502· Fla. 2d DCA· 1984-12-28 ·cited 4×
  Kenneth Wayne Roberts appealed summary judgment dismissing his negligence, implied warranty, and strict liability suit against Rockwell International Corporation for injuries from a saw. The court affirmed, holding that Roberts' damages from the saw manufacturer and the negligent
• Auto Owners Ins. Co. v. Bass
  684 F.2d 764· 11th Cir.· 1982-09-01 ·cited 4×
  A jury verdict, though defective in form, can be upheld if it can be reasonably interpreted from the pleadings, evidence, and jury instructions to ascertain the jury's intent. The court found the verdict clearly intended to hold John liable but was too uncertain to hold Gloria li
• Wheeler G. Foshee, Jr. v. Lloyds
  643 F.2d 1162· 5th Cir.· 1981-05-01 ·cited 4×
  The court held that the district court did not abuse its discretion in enforcing the contingent fee agreement and correctly prioritized the federal tax lien. However, the court modified the judgment regarding the priority of the remaining creditors.
• Alderney Dairy Co., Inc. v. Hawthorn Mellody, Inc.
  643 F.2d 113· 3d Cir.· 1981-02-23 ·cited 4×
  The court held that the district court erred in granting summary judgment because the prior ruling in Hurd v. Hutnik established that Old Alderney breached its warranty regarding pension plan obligations prior to the sale date, and the contractual limitation period in paragraph 1
• CPC Int'l, Inc. v. Albury Sales Co.
  504 F. Supp. 549· S.D. Fla.· 1980-12-23 ·cited 4×
  The court granted permanent injunctions and awarded substantial damages, attorney's fees, and costs against defendants for trademark infringement and unfair competition.
• Winter v. Int'l Motel Brokers, Inc.
  388 So. 2d 232· Fla. 5th DCA· 1980-08-06 ·cited 4×
  A broker can recover a commission from the property owner, but not also from the owner's agent, as liability is alternative, not joint and several.
• Oakley v. United States
  622 F.2d 447· 9th Cir.· 1980-06-30 ·cited 4×
  The court held that the Federal Tort Claims Act limits interest on judgments against the United States to 4% per annum, and that the government can be held jointly and severally liable for its own negligence causing indivisible injuries.
• Lollis v. Commissioner OF Internal Revenue
  595 F.2d 1189· 9th Cir.· 1979-05-01 ·cited 4×
  The court held that taxpayers failed to meet their burden of proof for increased business expense deductions and for the source of undeclared cash, and that the fraud penalty was correctly assessed against one spouse despite community property income.
• Convoy Corp. v. Sperry Rand Corp.
  601 F.2d 385· 9th Cir.· 1979-04-25 ·cited 4×
  The court held that the defendant failed to establish the affirmative defense of double recovery by a preponderance of the evidence, and therefore the judgment for the plaintiff should be affirmed.
• Murray Tillman v. Wheaton-Haven Rec. Ass'n, Inc.
  580 F.2d 1222· 4th Cir.· 1978-07-10 ·cited 4×
  The court held that McIntyre is entitled to indemnification for attorneys' fees from Wheaton-Haven and to his costs, but his claim for attorneys' fees against the plaintiffs must be reconsidered under a new standard.
• Fla. E. Coast Ry. Co. v. Lawrence
  328 So. 2d 249· Fla. 4th DCA· 1976-02-27 ·cited 4×
  Florida East Coast Railway Company appeals a jury verdict awarding damages to the widow of a man killed in a car-train accident at a railroad crossing. The appellate court reversed, finding the trial court erroneously admitted evidence of gate malfunctions at other railroad cross
• United States v. Doyle A. Boyd
  520 F.2d 642· 6th Cir.· 1975-06-18 ·cited 4×
  The United States is entitled to recover the costs of removing a sunken barge from the party responsible for its sinking, and the statute of limitations does not bar the claim when brought within three years of the removal costs being established.
• Schein v. Chasen
  519 F.2d 453· 2d Cir.· 1975-05-02 ·cited 4×
  A shareholder's derivative suit requires an allegation of corporate damage and more than speculative damages.
• Mrs. R. Cattier Cutten v. Allied van Lines, Inc.
  514 F.2d 1196· 9th Cir.· 1975-03-28 ·cited 4×
  The court held that both the warehouseman and the motor carrier were jointly and severally liable for damages to household goods during interstate shipment.
• Courson v. Md. Cas. Co.
  475 F.2d 1030· 8th Cir.· 1973-03-20 ·cited 4×
  The court held that an insurer's failure to respond to an insured's settlement negotiations constituted a waiver of a policy exclusion for settlements made without consent. It also held that while a prior ruling voided setoffs for workers' compensation benefits against uninsured
• The Glidden Co. v. Zuckerman
  245 So. 2d 639· Fla. 3d DCA· 1971-03-16 ·cited 4×
  The Glidden Company appealed a judgment on the pleadings dismissing its action against individual comakers of a promissory note after the company settled with the corporate comaker in bankruptcy. The court held that the case presents a factual question regarding whether the indiv
• Star Towing Co., Inc. v. Harvester Supply Co., Inc.
  421 F.2d 628· 5th Cir.· 1970-02-03 ·cited 4×·via Solidary Liability
  The court held that the district court's findings of fact were not clearly erroneous and that the defendants were liable as members of a joint venture under Louisiana law.
• In re Petroleum Corp. OF Am. v. H. L. Thorndal in Bankr. of Petroleum Corp. of Am.
  417 F.2d 929· 8th Cir.· 1969-11-05 ·cited 4×
  The court held that the trustee lacked the power to assert general creditors' claims against the investors and that the issue of whether the investors were mining partners had never been adjudicated.
• Forbes v. The Nat'l Rating Bureau, Inc.
  223 So. 2d 764· Fla. 2d DCA· 1969-04-02 ·cited 4×
  Forbes appeals dismissal of her fraud complaint against Laumer and the Planks. She claims Laumer fraudulently induced her to invest in a loan to the Planks by promising repayment, but she received a note from the Planks instead. The court affirmed dismissal but allowed amendment
• Moody v. Bass
  357 F.2d 730· 6th Cir.· 1966-03-24 ·cited 4×
  The court held that the trial court correctly applied Texas law to the guaranty agreement and properly determined the rate and amount of equitable contribution among co-guarantors.
• In re Sherman Plastering Corp.
  346 F.2d 492· 2d Cir.· 1965-05-26 ·cited 4×
  The court held that a set-off is permissible under Section 68 of the Bankruptcy Act even when the debt owed to the bankrupt is joint and the debt owed by the bankrupt is individual, provided equity permits and no injustice would result.
• United States v. Republic Steel Corp.
  286 F.2d 875· 7th Cir.· 1961-02-17 ·cited 4×
  The court held that the prohibitory injunction should be amended to limit its scope to the area of actual deposits and affirmed as amended, but reversed the mandatory injunction due to erroneous determination of defendants' several responsibilities.