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

• Layne v. Vinzant
  657 F.2d 468· 1st Cir.· 1981-07-31 ·cited 36×
  The court held that the evidence did not support the jury's findings of deliberate indifference to serious medical needs or improper transfer, and that the plaintiff failed to prove supervisory liability or loss of legal materials.
• Johnson Tsai v. Anne C. Rosenthal & Mound Motors, Inc.
  297 F.2d 614· 8th Cir.· 1961-12-22 ·cited 36×
  The court held that the trial court lacked jurisdiction to grant a new trial on its own motion more than ten days after judgment and also lacked jurisdiction to grant a new trial limited to damages only, as this improperly re-examined a jury's finding on proximate cause.
• United States v. Aceto Agric. Chems. Corp.
  872 F.2d 1373· 8th Cir.· 1989-04-25 ·cited 35×
  The court held that the plaintiffs' allegations were sufficient to withstand a motion to dismiss under both CERCLA and RCRA, reversing the district court's dismissal under RCRA and affirming its denial of dismissal under CERCLA.
• Onderko v. Advanced Auto Ins., Inc.
  477 So. 2d 1026· Fla. 2d DCA· 1985-09-20 ·cited 35×
  The court held that the clear and unambiguous language of the lease agreements subjects the individual signing on behalf of a corporation to joint and several liability with the corporation for all amounts due under the lease.
• In re Uranium Antitrust Litig. Westinghouse Elec. Corp. v. RIO Algom Ltd.
  617 F.2d 1248· 7th Cir.· 1980-02-15 ·cited 35×
  A default judgment against some joint tortfeasors cannot be entered while liability for others remains undecided, as this would improperly sever a single claim.
• Baggett v. Richardson
  473 F.2d 863· 5th Cir.· 1973-02-13 ·cited 35×·via Solidary Liability
  The court held that the plaintiff failed to prove the unions were liable under respondeat superior and that the damages awarded were adequate under Louisiana tort law.
• Jett v. Phillips & Assocs.
  439 F.2d 987· 10th Cir.· 1971-03-29 ·cited 35×
  The court held that the trial judge properly dismissed an unincorporated association to preserve diversity jurisdiction and that the plaintiff was an incidental beneficiary to a guarantee agreement, not entitled to recover on it.
• Dep't OF Transp. v. Webb
  409 So. 2d 1061· Fla. 1st DCA· 1981-11-17 ·cited 34×
  In this negligence action arising from a train-car collision that killed a driver and seriously injured passengers, the Florida District Court of Appeal affirmed the jury verdict and judgments against the Department of Transportation and Seaboard Coast Line Railroad. The court re
• Kerr v. Compagnie de Ultramar & Transmar Corp.
  250 F.2d 860· 2d Cir.· 1958-01-08 ·cited 34×
  A federal court has the power to dismiss a non-diverse, dispensable defendant to retain diversity jurisdiction, and failure to do so when no prejudice results is an abuse of discretion.
• Sammons v. Colonial Press, Inc.
  126 F.2d 341· 1st Cir.· 1942-02-20 ·cited 34×
  A contract printer, acting as an independent contractor and not a partner, is not jointly liable with the infringing publisher for the publisher's profits, but only for its own profits, if any.
• Esmark, Inc. v. Nat'l Labor Relations Bd.
  887 F.2d 739· 7th Cir.· 1989-10-06 ·cited 33×
  The court held that Esmark's actions in closing and reopening plants to evade a collective bargaining agreement constituted unfair labor practices under sections 8(a)(3) and 8(a)(5) of the NLRA, and that the union's charge was timely filed.
• Clayman v. Goodman Props., Inc.
  518 F.2d 1026· D.C. Cir.· 1973-12-13 ·cited 33×
  The court held that the petition for rehearing was denied because the option agreement's requirement for the optionees to assume half the mortgage debt was a joint obligation, and this condition was not met by only one optionee assuming the debt.
• Philip Morris Inc. v. French
  897 So. 2d 480· Fla. 3d DCA· 2004-12-22 ·cited 32×
  Philip Morris and other tobacco defendants appeal from a jury verdict awarding Lynn French $5.5 million in damages (remitted to $500,000) for chronic sinusitis caused by secondhand smoke exposure as a flight attendant. The court upheld the trial court's interpretation of the Broi
• Vill. OF Bellwood v. Chandra Dwivedi
  895 F.2d 1521· 7th Cir.· 1990-01-30 ·cited 32×
  The court held that the jury instructions regarding the intent required for a Title VIII violation were flawed, potentially affecting the verdict, and that the evidence against one defendant was insufficient.
• USX Corp. v. B.J. Tanenbaum, Jr.
  868 F.2d 1455· 5th Cir.· 1989-04-04 ·cited 32×
  The court held that the surety did not waive the benefit of division by binding himself jointly and severally with other guarantors, as the agreement did not expressly bind him in solido with the principal debtor.
• Kalima Jenkins v. The State OF Mo.
  855 F.2d 1295· 8th Cir.· 1988-08-19 ·cited 32×
  The court held that under principles of joint and several liability, if one tortfeasor is financially unable to meet its obligation, the other tortfeasor may be liable for the entire amount.
• Hinshaw v. Doffer
  785 F.2d 1260· 5th Cir.· 1986-03-28 ·cited 32×
  The court held that the evidence was insufficient to support a judgment against the police chief for failure to supervise or train the officer, but sufficient to support judgments against the officer for false arrest and excessive force. The court also held that the officer is fu
• Kordich v. Marine Clerks Ass'n
  715 F.2d 1392· 9th Cir.· 1983-09-15 ·cited 32×
  An order compelling a party to pay fees and costs is not immediately appealable prior to final judgment, even if the attorney is also jointly and severally liable.
• The Sarasota Ice v. Lyle & Co.
  53 Fla. 1069· Fla.· 1907-01-01 ·cited 32×
  The appellate court reversed a lower court's foreclosure decree because one of the defendants was not properly served and thus not subject to the court's jurisdiction. The court also noted issues with an amended answer and cross-bill that were not properly disposed of.
• Marshall & Ilsley Tr. Co. v. Pate
  819 F.2d 806· 7th Cir.· 1987-05-20 ·cited 31×
  The court held that a material issue of fact existed regarding the statute of limitations for the securities fraud claim and that the RICO claim's dismissal was based on an overly restrictive interpretation of the injury requirement. The court also vacated the dismissal of the pe
• Rooney v. United States
  634 F.2d 1238· 9th Cir.· 1980-12-31 ·cited 31×
  The court held that the administrative claim filed by Rooney was sufficient to confer jurisdiction for claims arising from both his fall and subsequent medical treatment, and that the Government was liable for breaching its nondelegable duty to ensure adequate safety precautions.
• Messmer v. Teacher's Ins. Co.
  588 So. 2d 610· Fla. 5th DCA· 1991-09-19 ·cited 30×
  The court held that Florida Statute § 768.81(3) requires apportionment of damages based on a party's percentage of the total fault in the accident, not just the fault of parties to the litigation.
• Hamer v. Cnty. OF Lake
  819 F.2d 1362· 7th Cir.· 1987-05-15 ·cited 30×
  The court held that attorney's fees could be awarded against the plaintiffs because their claims were largely frivolous, but fees could not be awarded against their attorneys under 42 U.S.C. § 1988.
• Allied Int'l, Inc. v. Int'l Longshoremen's Ass'n, AFL-CIO
  814 F.2d 32· 1st Cir.· 1987-03-23 ·cited 30×
  The court held that an amendment substituting a new plaintiff relates back to the original filing date under Fed.R.Civ.P. 15(c) if the claim arises from the same conduct, there is an identity of interest, and no prejudice results, and that a local union participating in an illega
• Watts v. Laurent
  774 F.2d 168· 7th Cir.· 1985-09-18 ·cited 30×
  The court held that the evidence was sufficient to support the jury's finding that four defendants were aware of a strong likelihood of an attack on the plaintiff, but that the evidence was insufficient to establish that the fifth defendant, Steele, had such knowledge. The court
• Lambert v. Nationwide Mut. Fire Ins. Co.
  456 So. 2d 517· Fla. 1st DCA· 1984-09-13 ·cited 30×
  Larry Lambert, as representative of his deceased parents' estate, appealed a summary judgment in favor of Nationwide Mutual Fire Insurance Company in an underinsured motorist coverage dispute. The court held that Lambert was estopped from claiming only one of three alleged tortfe
• Kasper Instruments, Inc. v. Maurice
  394 So. 2d 1125· Fla. 4th DCA· 1981-03-11 ·cited 30×
  Kasper Instruments appealed a negligence judgment against it following a jury verdict for plaintiff Maurice, who suffered severe dental injuries in an automobile collision. The court affirmed the judgment and the trial court's decisions denying continuance, directing verdict on l
• In re Ellis Victor Kapp v. Naturelle, Inc.
  611 F.2d 703· 8th Cir.· 1979-12-19 ·cited 30×
  The court held that the bankruptcy judge erred in disallowing the creditors' claims because the state court default judgments against the bankrupt were res judicata and precluded relitigation of Kapp's personal liability.
• Mrs. Joan Francis LAW v. SEA Drilling Corp. & Cont'l Oil Corp.
  510 F.2d 242· 5th Cir.· 1975-03-21 ·cited 30×
  The court held that both Conoco and Seadrill were actively negligent and jointly liable for the accident, but reversed the award for future cost of living increases.
• Baltimore & O. R. Co. v. Saunders
  159 F.2d 481· 4th Cir.· 1947-01-06 ·cited 30×
  The court held that a defendant cannot implead third-party defendants if their joinder would defeat federal diversity jurisdiction, and that the trial court properly denied the motion to implead.
• Dep't OF Corr. v. McGHEE
  653 So. 2d 1091· Fla. 1st DCA· 1995-04-13 ·cited 29×
  Linda McGhee sued the Florida Department of Corrections for negligence after escaped convicts killed her husband in Mississippi. The trial court applied Florida law and found DOC liable, but the appellate court reversed, holding that under Florida law, a state agency cannot be he
• Woods v. Withrow
  413 So. 2d 1179· Fla.· 1982-04-29 ·cited 29×
  Yes in part. Justice Harry A. Blackmun delivered the majority opinion, reversing in part and remanding. The Court followed the three-trimester framework laid out in Roe v. Wade. The Supreme Court held that provisions 1, 2 and 8 were constitutional. Provisions 3 and 4 were unconst
• Rudelson v. United States
  602 F.2d 1326· 9th Cir.· 1979-08-23 ·cited 29×
  The court held that federal air traffic controllers owed a duty of care to monitor and warn pilots in a dangerous traffic pattern, and that the United States, as their employer, is subject to California's joint and several liability rules under the Federal Tort Claims Act.
• Brown v. Moore
  247 F.2d 711· 3d Cir.· 1957-06-27 ·cited 29×
  The court held that a for-profit sanitarium, by holding itself out as providing medical treatment through its staff, is liable under respondeat superior for the malpractice of its employed physician, even if that physician is considered an independent contractor in other contexts
• Caccavella v. Frederick W. Silverman, M.D.
  814 So. 2d 1145· Fla. 4th DCA· 2002-04-10 ·cited 28×
  A settlement with an initial tortfeasor that does not expressly reserve rights against a subsequent tortfeasor bars claims against the subsequent tortfeasor, as the initial tortfeasor is presumed to have compensated for all injuries.
• United States v. R.W. Meyer, Inc.
  889 F.2d 1497· 6th Cir.· 1989-11-20 ·cited 28×
  The court held that indirect costs are recoverable under CERCLA as part of the total response costs, and that the SARA amendment authorizing prejudgment interest could be applied retroactively.
• Lochrane Eng'g, Inc. v. Willingham Realgrowth Inv. Fund, Ltd.
  552 So. 2d 228· Fla. 5th DCA· 1989-10-12 ·cited 28×
  This case addresses the proper measure of damages for breach of implied warranty in the sale of new residential units with an inadequate septic tank system, and the liability of a design engineer for negligent design. The court held that damages should be limited to repair costs
• McISAAC v. Didriksen Fishing Corp.
  809 F.2d 129· 1st Cir.· 1987-01-13 ·cited 28×
  The court held that there was sufficient evidence to support the jury's finding of negligence against Wise Company, but that the district court abused its discretion in revoking its order for a new trial on damages. The court also held that Wise's right of contribution from Didri
• Dundee Cement Co. v. Howard Pipe & Concrete Prods., Inc.
  722 F.2d 1319· 7th Cir.· 1983-11-15 ·cited 28×
  The court held that the default judgment for liquidated damages was proper, but the judgment for fraud damages must be remanded for a hearing due to insufficient proof and the unresolved status of jointly and severally liable defendants.
• Movielab, Inc. v. Davis
  217 So. 2d 890· Fla. 3d DCA· 1969-01-21 ·cited 28×
  Movielab sought to enforce a New York judgment against Davis in Florida state court. The trial court granted Davis's motion for judgment on the pleadings, finding that the release of Davis's co-guarantor released all judgment debtors under Florida law. Movielab appealed, arguing
• Ass'n FOR Retarded Citizens-Volusia, Inc. v. Fletcher
  741 So. 2d 520· Fla. 5th DCA· 1999-06-18 ·cited 27×
  ARC operated a summer camp where a 17-year-old boy with uncontrolled seizures drowned and died from aspirated water and subsequent ARDS. The trial court granted summary judgment preventing ARC from arguing that negligent medical treatment caused the death, and the jury found ARC
• United States v. Perla Martin Davis
  117 F.3d 459· 11th Cir.· 1997-07-02 ·cited 27×
  Four defendants were convicted of Medicare fraud conspiracy and related offenses involving false billing for nutritional supplements. The appellate court affirmed the restitution orders imposed jointly and severally against three defendants, holding that a conspirator may be held
• Jules Simeon, Sr. v. T. Smith & SON, Inc.
  852 F.2d 1421· 5th Cir.· 1988-08-10 ·cited 27×
  The court held that concurrent tortfeasors in maritime law are jointly and severally liable, even when the plaintiff is contributorily negligent, and this rule applies to a Jones Act defendant alongside a general maritime law defendant. The court also found that the jury's award
• Copeland v. The Celotex Corp.
  447 So. 2d 908· Fla. 3d DCA· 1984-03-06 ·cited 27×
  This case of first impression in Florida addresses whether plaintiffs exposed to asbestos products over many years can recover damages when they cannot identify which manufacturer's specific product caused their injuries. The court adopts the market share liability doctrine, allo
• Nat'l Labor Relations Bd. v. Broderick Wood Prods. Co. & Int'l Bhd. of Teamsters
  261 F.2d 548· 10th Cir.· 1958-11-12 ·cited 27×
  The court held that the execution and maintenance of a collective bargaining agreement containing an illegal preferential hiring clause, even if not actively enforced, constitutes an unfair labor practice. The court also affirmed the Board's order for reimbursement of union dues
• R.J. Reynolds Tobacco Co. & Lorillard Tobacco Co. v. Robert Sury for the Estate of William Sury
  118 So. 3d 849· Fla. 1st DCA· 2013-06-24 ·cited 26×
  The court held that Florida Statute § 768.81, which requires apportionment of damages in negligence actions based on claimant's fault, does not apply when a jury finds liability for both intentional torts and negligent torts.
• Lawrence R. Grobman, M.D. v. Posey
  863 So. 2d 1230· Fla. 4th DCA· 2003-12-31 ·cited 26×
  In this medical malpractice case, the Fourth District Court of Appeal held that non-settling defendants are entitled to a full setoff for settlement payments made by a settling defendant when the settling defendant's liability is based solely on vicarious or derivative liability
• Emp'rs Ins. OF Wausau as Representative of Those Certain Underwriters Subscribing to Certificate no. 14880 & Certificate no. 14482 v. Suwannee River SPA Lines, Inc.
  866 F.2d 752· 5th Cir.· 1989-02-13 ·cited 26×
  The court held that the economic loss rule in maritime tort, as established in East River, precludes recovery for purely economic loss stemming from the negligent performance of professional services related to vessel construction, limiting plaintiffs to contractual remedies. How
• United States v. Fowler
  794 F.2d 1446· 9th Cir.· 1986-07-22 ·cited 26×
  The majority holds that a single convicted defendant can be held liable for the full costs of a trial where multiple defendants were tried but only one was convicted.
• Penza v. Neckles
  344 So. 2d 1282· Fla.· 1977-04-07 ·cited 26×
  A release of one joint and several obligor releases all other obligors on the same obligation, even if the release expressly states otherwise.