Joint And Several Liability

982 Florida cases classified under this topic · sorted by citation count

• Florida v. United States
  N.D. Fla.· 2012-08-10
• Whittington v. Dragon Grp., LLC
  Del. Ch.· 2012-05-25
  The court held that the plaintiff was not entitled to attorneys' fees under the company's authorization for legal fees, as the authorization was specifically for defense against the plaintiff's claims. The court also found that the defendant members failed to provide sufficient d
• IN & FOR NEW Castle Cnty. Leigh D. Menkes v. C.A. No. 09C-03-289 WCC Saint Joseph Church
  Del. Super. Ct.· 2011-03-18
  The court held that a subcontractor's motion to dismiss third-party complaints seeking indemnification was denied. The court found that the indemnification clause, despite containing language void as against public policy, was severable, allowing the remaining provisions to be en
• United States v. Hirmer
  767 F. Supp. 2d 1305· N.D. Fla.· 2011-02-08
  The court held that the government failed to establish its own loss or demonstrate the impracticability of seeking restitution for individual victims, thus denying the government's claim for restitution.
• Sunshine Wireless v. Reflections of Boca
  15th Cir. Ct. App. Div.· 2010-10-08
  Sunshine Wireless and six other tenants challenged a trial court's imposition of joint and several liability for the landlord's attorney's fees in separate lease dispute cases that were consolidated for trial. The appellate court reversed, holding that consolidation does not alte
• Lira v. Matthew's Marine Air Conditioner, Inc.
  741 F. Supp. 2d 1305· S.D. Fla.· 2010-09-28
  The court held that genuine issues of material fact remain regarding whether the defendant company is an enterprise subject to the FLSA and whether its officer is jointly and severally liable, thus denying the motions for summary judgment and involuntary dismissal.
• 6-F Corp. v. BDP Int'l Fin. Corp., Ltd.
  29 So. 3d 352· Fla. 3d DCA· 2010-02-17
  Defendants appealed a $80 million judgment for civil theft awarded jointly and severally after a bench trial. The court affirmed, holding that the civil theft count properly included all defendants despite its title referring only to Castillo individually, based on the complaint'
• BankAtlantic v. Berliner
  9th Cir. Ct. App. Div.· 2009-08-01
  Gush appealed the trial court's denial of his motion to compel satisfaction of a judgment, arguing that a satisfaction of judgment previously entered against his co-guarantor Lamanna should operate as a full release of the judgment against him since they were jointly and severall
• Erickson v. Irving
  16 So. 3d 868· Fla. 3d DCA· 2009-06-17
  In this wrongful death case, the Florida Third District Court of Appeal reversed a jury verdict and remanded for a new trial because the trial court erred in submitting a joint enterprise defense to the jury. The court held that the evidence did not establish the required element
• Christiana Care Health
  Del.· 2008-07-01
  The Delaware Supreme Court affirmed in part and reversed in part the Superior Court's decision. The Court held that the trial judge did not abuse his discretion in allowing certain leading questions or in denying a new trial based on counsel's closing remarks. However, the Court
• Wallace v. Kiwi Grp., Inc.
  195 F. Supp. 504· M.D. Fla.· 2008-01-03
  Default judgment is entered against defendants for FLSA minimum wage and overtime violations, awarding damages, attorney's fees, and costs to the plaintiffs.
• Jasmin Conde v. State
  967 So. 2d 989· Fla. 4th DCA· 2007-10-24
• Qantum Commc'ns Corp. v. Star Broad., Inc.
  491 F. Supp. 2d 1123· S.D. Fla.· 2007-06-08
  The court held that the plaintiff is entitled to damages for lost profits, tower purchase option, missing assets, and attorney's fees and costs due to the defendant's breach of contract and sanctionable conduct.
• McCloud v. Fortune
  510 F. Supp. 2d 649· N.D. Fla.· 2007-01-25
  The court denied the defendants' motion for a new trial or remittitur, finding the jury's verdict was supported by the weight of the evidence and the damages awarded were reasonable.
• IN & FOR NEW Castle Cnty. I.U. N. Am., Inc. v. A.I.U. Ins. Co.
  Del. Super. Ct.· 2006-05-02
  The court held that CGU Insurance Company is not obligated to pay amounts that Pfizer/Quigley became liable for due to defaulting members of the Center for Claims Resolution (CCR), as the Settlement Agreement, incorporating the Wellington Agreement by reference, expressly relieve
• Elisabeth Posey v. Lawrence R. Grobman, M.D.
  951 So. 2d 857· Fla. 4th DCA· 2005-11-30
  Posey appeals a post-verdict cost order allowing Dr. Grobman a set-off against his allocated costs based on a separate settlement by co-defendant Mercy Hospital. The court reversed, holding that Dr. Grobman is not entitled to a set-off for costs paid by Mercy where the total allo
• Gacs Inc. v. Evans
  893 So. 2d 705· Fla. 1st DCA· 2005-02-22
• Crawford & Company-Orlando v. Connors
  840 So. 2d 1060· Fla. 1st DCA· 2003-01-08
  Crawford & Company, a third-party administrator for a self-insured employer, appealed a workers' compensation order directing it to pay benefits to an injured employee. The court affirmed, finding that Crawford failed to establish its affirmative defense that it lacked sufficient
• Super Transp., Inc. v. Fla. Dep't OF Ins.
  799 So. 2d 286· Fla. 1st DCA· 2001-10-02
  FESA, a workers' compensation self-insurance fund, became insolvent in 1996 due to alleged fraudulent mismanagement. The Florida Department of Insurance, as Receiver, assessed FESA members to cover claims and administrative costs under statutory authority. FESA members appealed,
• RAY v. Int'l Transit, Inc.
  788 So. 2d 343· Fla. 1st DCA· 2001-06-05
  The trial court abused its discretion by granting a new trial based on a legal conclusion that the jury was required to allocate fault to a nonparty defendant, rather than a factual determination.
• In & for New Castle Cnty. in re Cooper Cos., Inc.
  Del. Ch.· 2000-07-27
  The Court of Chancery denied the defendants' motions to dismiss the consolidated and amended shareholder derivative complaint. The court found that the plaintiffs had sufficiently pleaded demand futility by alleging facts creating a reasonable doubt as to the disinterestedness an
• Univ. Creek Assocs. II, Ltd. v. Boston Am. Fin. Grp., Inc.
  101 F. Supp. 2d 1370· S.D. Fla.· 2000-05-31
  The court granted defendants' motion for attorneys' fees and costs, awarding fees and costs as prevailing parties and imposing sanctions against the plaintiff and its current counsel for vexatious litigation conduct.
• Flamingo OIL Co. v. Veloz
  748 So. 2d 346· Fla. 3d DCA· 1999-12-15
  Flamingo Oil Company appealed a judgment for damages in a negligent repair case, challenging a jury instruction that incorrectly stated all damages would be apportioned by fault percentage. The appellate court reversed and remanded for a new trial, finding the misinstruction was
• United States v. Chene (In Re Chene)
  236 B.R. 69· M.D. Fla.· 1999-07-02
  The court held that the IRS's erroneous refund and lien release did not extinguish the debtor's joint and several liability for unpaid trust fund taxes under 26 U.S.C. § 6672, as the tax liability is not considered finally paid until the statute of limitations for refund claims e
• Allstate Ins. Co. v. Glassman
  729 So. 2d 485· Fla. 3d DCA· 1999-03-24
  Allstate Insurance Company appealed the trial court's judgment limiting its recovery from joint tortfeasors Glassman and Interamerican to 50% of damages paid to an uninsured motorist claimant. The court affirmed, holding that Allstate's failure to plead equitable subrogation in t
• Time Warner Entertainment/Advance-Newhouse P'ship v. Worldwide Elecs., L.C.
  50 F. Supp. 2d 1288· S.D. Fla.· 1999-01-26
  The court held that the sale of non-addressable, fully descrambling cable television decoders, especially those with 'bullet-busting' capabilities and accompanied by a money-back guarantee, demonstrates intent to assist in unauthorized reception of cable services, thus violating
• Gene E. Myers, M.D. v. Brook
  708 So. 2d 607· Fla. 2d DCA· 1998-02-27
  In this fraudulent transfer action under Florida's Uniform Fraudulent Transfer Act, the court affirmed that payments to Drs. Myers and Crick from their medical practice were fraudulent transfers, but reversed the trial court's decision to set aside transfers beyond the amount nec
• W.T. Powell v. MacTown, Inc.
  707 So. 2d 825· Fla. 3d DCA· 1998-02-25
  Fund trustees appealed a trial court's denial of their motion to transfer venue from Dade County to Orange County. The court held that even though the members characterized their claims as tort-based (negligence and breach of fiduciary duty), the underlying dispute involved contr
• Penske Truck Leasing Co., LP v. Moore
  702 So. 2d 1295· Fla. 4th DCA· 1997-11-05
  Penske Truck Leasing appeals a negligence judgment in a fatal multi-vehicle accident where the jury apportioned fault at 50% to the driver who caused the collision, 35% to one of Penske's employees, and 15% to another Penske employee. The court affirmed Penske's vicarious liabili
• Days INN OF Am., Inc. v. Maus
  701 So. 2d 350· Fla. 1st DCA· 1997-06-25
  The trial court did not err in denying the appellants' request to include an intentional tortfeasor on the verdict form for apportionment of fault under section 768.81, Florida Statutes.
• Wal-Mart Stores, Inc. v. Coker
  742 So. 2d 257· Fla. 1st DCA· 1997-06-23
  The court affirmed the trial court's decision, but a concurring opinion expressed disagreement with the majority's interpretation of the apportionment statute regarding intentional tortfeasors, advocating for apportionment of fault among all tortfeasors.
• J.M. v. State
  693 So. 2d 121· Fla. 2d DCA· 1997-05-09
• T.S. and M.S. v. State
  693 So. 2d 119· Fla. 2d DCA· 1997-05-09
• Schultz v. Wilkes
  689 So. 2d 435· Fla. 5th DCA· 1997-03-14
  Gary Schultz sued Glen Wilkes for damages from an automobile accident where Wilkes's vehicle hit Keim's vehicle, which then struck Schultz's stationary vehicle. The jury awarded $5,000 in damages with findings that Keim was 80% negligent and Wilkes 20% negligent. The appellate co
• Peoples GAS Sys., Inc. v. Acme GAS Corp.
  689 So. 2d 292· Fla. 3d DCA· 1997-01-15
  Peoples Gas System sought contribution and indemnification from fellow members of Gas Central, an informal emergency response system, for a $3.5 million settlement it paid in a gas explosion case. The court affirmed summary judgment against Peoples Gas, holding that the incident
• Platman v. Holmes Reg'l Med. Ctr., Inc.
  683 So. 2d 671· Fla. 5th DCA· 1996-12-06
  The court affirmed a damages cap imposed on a wrongful death claimant who rejected a defendant's offer to submit to binding arbitration under Florida's Medical Malpractice Act. The court held that an offer to arbitrate under section 766.207 does not require an admission of liabil
• Joshalyn S. Ronan v. State
  666 So. 2d 205· Fla. 2d DCA· 1995-12-22
  Joshalyn Ronan appealed a restitution order imposed as part of his no-contest plea to a RICO offense. The court affirmed the $31,701.20 restitution award to a burglary victim but reversed the $2,318.40 award to an aggravated battery victim because the state presented no evidence
• Reichhold Chems., Inc. v. Textron, Inc.
  888 F. Supp. 1116· N.D. Fla.· 1995-05-17
  The court held that a liable party cannot bring a CERCLA cost recovery action under Section 107(a) but must use the contribution claim under Section 113(f), and that state law claims were time-barred due to the federally required commencement date. However, the statute of limitat
• Torres v. Hon. Rosemary Usher Jones
  652 So. 2d 893· Fla. 3d DCA· 1995-03-15
  Trial court erred by modifying the appellate mandate establishing joint and several liability; appellate court directed trial court to enter judgment against both defendants as mandated.
• CSX Transp., Inc. v. Whittler
  645 So. 2d 2· Fla. 4th DCA· 1994-07-13
  The wife appeals a non-final order releasing funds, previously frozen, to the husband, and the appellate court reverses this order.
• Tallahassee Mem'l Reg'l Med. Ctr., Inc. v. Wells
  634 So. 2d 655· Fla. 1st DCA· 1994-02-09
  Tallahassee Memorial Regional Medical Center appeals a wrongful death judgment, arguing that settlement payments made by co-defendants before trial should be set off against the final judgment amount. The First District Court of Appeal reversed and remanded, holding that settleme
• First Union Nat'l Bank OF Fla. v. Knoll
  629 So. 2d 1007· Fla. 4th DCA· 1993-12-29
• In re Haugen v. Haugen
  998 F.2d 1442· 8th Cir.· 1993-07-22
  The court held that interest accrues on the alter ego judgment against Haugen from its entry until his personal bankruptcy filing, and that Haugen should bear the costs of the execution sale; however, Butler's claim must be reduced only by proceeds applied to its specific debt, n
• Sealover v. Carey Canada Inc.
  996 F.2d 42· 3d Cir.· 1993-06-22
  The court held that the Manville Trust should not have been treated as a settled defendant because the plaintiff had not settled with it, and that delay damages should be recomputed excluding the period of a continuance requested by the plaintiff.
• Mentor Ins. Co. (U.K.) Ltd. & Mentor Ins. Ltd. v. Norges Brannkasse
  996 F.2d 506· 2d Cir.· 1993-05-24
  The court affirmed the district court's adoption of the special master's report regarding reinsurance coverage and liability, but reversed and remanded on the issue of joint and several liability and attorneys' fees.
• SOO Line R.R. Co. v. Overton
  992 F.2d 640· 7th Cir.· 1993-03-31
  The dissent argues that the majority's analysis is incompatible with Supreme Court jurisprudence on constitutional limitations on choice of law.
• United States v. Ringley
  985 F.2d 185· 4th Cir.· 1993-02-09
  General partners of a partnership are personally liable as 'operators' under the Surface Mining Control and Reclamation Act for the partnership's unpaid reclamation fees, and this liability is not discharged by their individual bankruptcy.
• Pfanenstiel Architects, Inc. v. Chouteau Petroleum Co.
  978 F.2d 430· 8th Cir.· 1992-10-29
  The court held that a default judgment against one defendant does not preclude a contesting codefendant from challenging the plaintiff's claim for actual damages, and PAI failed to prove actual damages against the non-defaulting defendants.
• The Fed. Deposit Ins. Corp. v. Clark
  978 F.2d 1541· 10th Cir.· 1992-10-22
  The court held that the FDIC had subject matter jurisdiction and that attorneys could be held liable for professional negligence even if bank officers committed fraud, as the officers' actions were not within the scope of their employment.
• Ingram v. Acands, Inc.
  977 F.2d 1332· 9th Cir.· 1992-10-21
  The court held that minute orders denying post-trial motions, when properly entered and noticed, can trigger the appeal period, even if a subsequent written order is filed. The court also affirmed jury verdicts in asbestos exposure cases, finding substantial evidence for causatio