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

• Yeldell v. Tutt
  913 F.2d 533· 8th Cir.· 1990-09-07 ·cited 16×
  The court affirmed the district court's judgment, finding that the Yeldells established diversity jurisdiction, the Tutts waived their personal jurisdiction defense, and there was sufficient evidence to support the jury's findings on defamation, malice, damages, and Capitol Ameri
• Whatley v. Armstrong World Indus., Inc.
  861 F.2d 837· 5th Cir.· 1988-12-15 ·cited 16×
  The majority's reallocation of liability shares for settling co-defendants invades the province of the jury and is not justified by precedent.
• Trs. of the Amalgamated Ins. Fund v. Sheldon Hall Clothing, Inc.
  862 F.2d 1020· 3d Cir.· 1988-12-08 ·cited 16×
  The court held that the 30-day limitation period in 29 U.S.C. § 1401(b)(2) applies only to actions to vacate or modify an arbitration award, not to actions to enforce it, which are governed by the longer limitation periods in 29 U.S.C. § 1451(f).
• Int'l Union v. Fed. Mine Safety & Health Review Comm'n
  840 F.2d 77· D.C. Cir.· 1988-02-23 ·cited 16×
  A mine owner is liable under Section 111 of the Mine Act for lost wages of miners idled by a withdrawal order, even if the Secretary of Labor cited only an independent contractor for the underlying safety violation.
• Auster OIL & GAS, Inc. v. Matilda Gray Stream
  835 F.2d 597· 5th Cir.· 1988-01-14 ·cited 16×·via Solidary Liability
  The court held that Mrs. Stream was not liable, but Carmouche, Spook Stream, and M.G.S. were liable for the Fourth Amendment violation. A new trial is required for actual and punitive damages due to instructional error and excessive awards indicating passion and prejudice.
• Purcell v. Commissioner OF Internal Revenue
  826 F.2d 470· 6th Cir.· 1987-08-18 ·cited 16×
  The court affirmed the tax court's denial of innocent spouse relief, disagreeing with the Eighth Circuit's interpretation of 'grossly erroneous'.
• Abeshouse v. Ultragraphics, Inc.
  754 F.2d 467· 2d Cir.· 1985-02-07 ·cited 16×
  The court held that the jury's award of damages against Ultragraphics and D & M included impermissible double-counting and improper joint liability for D & M, requiring modification or a new trial on damages.
• Ratner v. Sioux Natural GAS Corp. & Sioux Pipeline Corp.
  719 F.2d 801· 5th Cir.· 1983-11-14 ·cited 16×
  The court held that the value of property received in settlement by settling defendants must be credited against the entire judgment, including punitive damages, before assessing the liability of non-settling defendants.
• Abreen Corp. v. Laborers' Int'l Union, N.A., AFL, AFL-CIO
  709 F.2d 748· 1st Cir.· 1983-06-14 ·cited 16×
  The court held that the district court's findings were too tenuous to support joint and several liability for the international union based on a single phone call and a "close relationship" with the local union.
• Costello Publ'g Co. v. Rotelle
  670 F.2d 1035· D.C. Cir.· 1981-11-10 ·cited 16×
  The court held that the district court erred in dismissing copyright infringement counterclaims for failure to join an indispensable party, as infringers are jointly and severally liable. It also held that there is no blanket religious exemption from antitrust laws.
• The Clarkson Co. Ltd. in Bankr. v. Shaheen
  660 F.2d 506· 2d Cir.· 1981-09-15 ·cited 16×
  The court held that while the evidence supported the jury's findings of director liability for fraudulent loans and the Promissory Note, the damages awarded for the Promissory Note must be apportioned among the directors in the same percentages as the damages for the fraudulent l
• Iowa Beef Processors, Inc. v. Amalgamated Meat Cutters & Butcher Workmen OF N. Am., AFL-CIO
  597 F.2d 1138· 8th Cir.· 1979-05-01 ·cited 16×
  The court held that the broad no-strike clause in the collective bargaining agreement prohibited sympathy strikes, and that union representatives' actions did not fulfill their obligation to end the strike, thus affirming the jury's verdict for breach of contract.
• Johnson v. United States Fire Ins. Co.
  586 F.2d 1291· 8th Cir.· 1978-11-17 ·cited 16×
  The court held that the excess insurer's liability is determined by the policy's terms, including the retained limit, even if the insured failed to obtain the underlying policy, and is not based on the insured's total judgment liability.
• Roslyn Sharwell v. Commissioner OF Internal Revenue
  419 F.2d 1057· 6th Cir.· 1969-12-24 ·cited 16×
  The court held that while the tax returns were indeed joint, the wife may still be afforded relief from tax liability for funds embezzled by her husband, remanding for further factual development.
• Nat'l Labor Relations Bd. v. Campbell Soup Co. & Butchers Union Local 127, Amalgamated Meat Cutters & Butcher Workmen of N. Am., AFL-CIO
  378 F.2d 259· 9th Cir.· 1967-05-23 ·cited 16×
  The court held that the National Labor Relations Board did not err in rejecting a proposed settlement agreement that did not provide a complete remedy and in ordering joint and several liability for reimbursement.
• Hohauser v. Mrs. George Schor
  101 So. 2d 169· Fla. 3d DCA· 1958-03-11 ·cited 16×
  The court addresses whether a plaintiff suing against both an agent and an undisclosed principal must elect which party to hold liable before the jury decides the case. The court holds that when the agency relationship is contested and submitted to the jury, the plaintiff may pos
• Ruben v. Commissioner of Internal Revenue
  97 F.2d 926· 8th Cir.· 1938-07-14 ·cited 16×
  The court affirmed the Board of Tax Appeals' decision, holding that the payment made by Northwest Theaters Circuit in settlement of litigation constituted taxable income to T.H. Ruben. The court found that the settlement resolved a bona fide contested claim, and the payment by No
• Bannon v. Trammell
  96 Fla. 408· Fla.· 1928-08-01 ·cited 16×
  Appellants Patrick and Anna Margaret Bannon appeal from a decree awarding the complainant C. M. Trammell $5,076 based on the court's finding that a 1920 deed to land was a mortgage to secure a debt rather than an absolute conveyance. The Supreme Court reversed, finding insufficie
• Asb Allegiance Real Est. Fund v. Scion Breckenridge Managing Member, LLC
  2012 WL 1869416· Del. Ch.· 2012-07-09 ·cited 15×
  The court held that ASB is entitled to recover $3,267,355.31 in fees and costs pursuant to the fee-shifting provision in the LLC Agreements. The court found that the fee-shifting provision applied to all claims, including counterclaims for breach of fiduciary duty and implied cov
• Eleonora Bianca Roos v. Morrison
  913 So. 2d 59· Fla. 1st DCA· 2005-09-28 ·cited 15×
  Roos appeals a dismissal of her negligence action against Morrison, a passenger in the vehicle that struck her motorcycle. The court holds that a vehicular passenger may owe a duty of care to third parties when the passenger is in a superior position to observe hazards and gives
• RDR Computer Consulting Corp. v. Eurodirect, Inc.
  884 So. 2d 1053· Fla. 2d DCA· 2004-10-15 ·cited 15×
  RDR Computer Consulting Corporation appealed a judgment entered in its favor, challenging the trial court's denial of prejudgment interest and attorneys' fees. The Florida Second District Court of Appeal reversed both denials, holding that prejudgment interest was properly awarda
• Seminole Gulf Railway v. Fassnacht
  635 So. 2d 142· Fla. 2d DCA· 1994-04-15 ·cited 15×
  Under Florida Statute § 768.81(3), a defendant's liability for noneconomic damages must be determined on the basis of that defendant's percentage of fault, requiring reduction of the plaintiff's award by the defendant's comparative negligence percentage.
• Summit Consulting, Inc. v. J.J. Walsh Constr., Inc.
  568 So. 2d 1290· Fla. 2d DCA· 1990-10-03 ·cited 15×
  Summit Consulting, Inc., administrator of a workers' compensation self-insurance fund, appealed a judgment entered against it in favor of Joseph G. Rich, an officer and sole stockholder of member company J.J. Walsh Construction. The court reversed, holding that the guaranty and p
• Frank Music Corp. v. Metro-Goldwyn-Mayer Inc.
  886 F.2d 1545· 9th Cir.· 1989-09-27 ·cited 15×
  The Ninth Circuit held that prejudgment interest is available under the Copyright Act of 1909 and reversed the district court's finding of no substantial connection between MGM, Inc. and MGM Grand, making MGM, Inc. jointly liable for infringement.
• Diggs v. Hood
  772 F.2d 190· 5th Cir.· 1985-10-04 ·cited 15×·via Solidary Liability
  Under Louisiana's comparative negligence law, a joint tortfeasor who settles with the plaintiff and receives a release, but reserves claims against a non-settling tortfeasor, has no cause of action for contribution, indemnity, subrogation, or unjust enrichment against the non-set
• United States v. S. Cycle Accessories, Inc.
  567 F.2d 296· 5th Cir.· 1978-02-03 ·cited 15×
  The court held that the unconditional guaranty agreement signed by the appellant waived her rights to be released or have her liability reduced by settlements with co-guarantors, and that federal law applied.
• Philip Morris USA, Inc. v. Duignan
  243 So. 3d 426· Fla. 2d DCA· 2017-11-15 ·cited 14×
  This Florida appellate case reverses and remands a judgment for the estate of a deceased smoker in an Engle progeny tobacco liability suit, finding two critical trial errors: the trial court's instruction regarding jury readback of a key defense witness's deposition testimony was
• United States v. Puentes
  803 F.3d 597· 11th Cir.· 2015-10-05 ·cited 14×
  The Eleventh Circuit held that a district court lacked authority under Federal Rule of Criminal Procedure 35(b) to eliminate a defendant's mandatory restitution obligation as a reward for substantial assistance in an unrelated case. The Mandatory Victims Restitution Act (MVRA) ma
• Bartsch v. Costello
  170 So. 3d 83· Fla. 4th DCA· 2015-06-17 ·cited 14×
  Agnes Bartsch appealed a judgment dismissing her negligence and declaratory judgment claims against an unclaimed property recovery specialist who assisted her stepdaughter in wrongfully claiming funds from the decedent's estate. The court affirmed, holding that the Florida Dispos
• 1 Nation Tech. Corp. v. A1 Teletronics, Inc.
  924 So. 2d 3· Fla. 2d DCA· 2005-10-19 ·cited 14×
  1 Nation Technology Corp. and Rick McKay appealed the trial court's denial of attorney's fees and costs as prevailing parties and under an offer of judgment. The court affirmed their entitlement to costs as prevailing parties but reversed the denial of fees based on the offer of
• Monsanto Co. v. Campuzano
  206 F. Supp. 2d 1252· S.D. Fla.· 2002-05-02 ·cited 14×
  Merisant, as successor to Monsanto, sought summary judgment against Trio International and Mark Siegel for trademark infringement, false designation of origin, copyright infringement, and related claims arising from the defendants' unauthorized repackaging and distribution of Equ
• Hardy v. Gulf OIL Corp.
  949 F.2d 826· 5th Cir.· 1992-01-07 ·cited 14×
  A party that settles with the plaintiff after a judgment waives any right to contribution or indemnity from other defendants.
• United States v. Walton
  909 F.2d 915· 6th Cir.· 1990-07-31 ·cited 14×
  The court held that while the IRS's net worth calculation for Walton's airplane was erroneous by failing to account for liabilities, other challenges to the tax assessments were properly rejected. The court affirmed the judgment but remanded for modification regarding the airplan
• Irwin Robert Miller v. Christopher
  887 F.2d 902· 9th Cir.· 1989-09-27 ·cited 14×
  A good faith settlement between a plaintiff and one tortfeasor bars a contribution action by a co-defendant against the settling tortfeasor under federal maritime law.
• McKINNIE v. Progressive Am. Ins. Co.
  488 So. 2d 825· Fla.· 1986-05-29 ·cited 14×
• McDONOUGH Power Equip., Inc. v. Brown
  486 So. 2d 609· Fla. 4th DCA· 1986-02-26 ·cited 14×
  McDonough Power Equipment appeals from a final judgment after a new trial on damages in a personal injury case involving a child injured by a riding lawnmower. The court affirmed the judgment, holding that the trial court properly used a single comparative negligence question for
• Neola N. Howard v. Fortenberry
  723 F.2d 1206· 5th Cir.· 1984-02-02 ·cited 14×·via Solidary Liability
  Summary judgment for most defendants is affirmed, but reversed and remanded for the Director of Corrections and the sanitarians due to disputed material facts regarding their duties and potential breaches.
• McLEOD v. Am. Motors Corp.
  723 F.2d 830· 11th Cir.· 1984-01-23 ·cited 14×
  The court held that under Florida law, in a concurrent causation case where the defendant's negligence is a legal cause of injury, the defendant bears the burden to prove apportionment of damages, and the trial court properly removed the apportionment issue from the jury.
• Pension Benefit Guar. Corp. v. Ouimet Corp.
  711 F.2d 1085· 1st Cir.· 1983-06-09 ·cited 14×
  The court held that the Ouimet Group's liability for pension plan termination under ERISA is not reducible by benefits accrued before Avon's membership, and the bankrupt entities' estates should not be prioritized over solvent members' liability to PBGC.
• Dobson v. D.R. Camden
  705 F.2d 759· 5th Cir.· 1983-05-26 ·cited 14×
  The dissenting judge argues the majority erred in rejecting the one-satisfaction rule for § 1983 cases, creating a new tort scheme without authority and misinterpreting deterrence principles.
• Oxford Shipping Co., Ltd. v. NEW Hampshire Trading Corp.
  697 F.2d 1· 1st Cir.· 1982-12-28 ·cited 14×
  The court held that Oxford was not equitably estopped or barred by acquiescence from recovering from Avon under COGSA, and that Tager's breach of fiduciary duty allowed Oxford to recover, as the negligence of one agent is not imputed to bar recovery by an innocent principal again
• Kenilworth Ins. Co. v. Drake
  396 So. 2d 836· Fla. 2d DCA· 1981-04-10 ·cited 14×
  An injured passenger sought declaratory relief to determine her total uninsured motorist coverage (UMC) under two separate insurance policies and the proportionate liability of the insurers. The court held that UMC from separate policies covering separately owned vehicles can be
• Markham v. Colonial Mortg. Serv. Co.
  605 F.2d 566· D.C. Cir.· 1979-08-02 ·cited 14×
  The court held that refusing to aggregate the incomes of unmarried joint mortgage applicants while aggregating incomes for married joint applicants violates the Equal Credit Opportunity Act's prohibition against marital status discrimination.
• Burleson v. Coastal Rec., Inc.
  572 F.2d 509· 5th Cir.· 1978-05-05 ·cited 14×
  A federal court's jurisdiction is a fundamental issue that can be raised by any party or the court itself, even if it means reversing a favorable judgment for a plaintiff who failed to establish jurisdiction.
• Battista v. Lebanon Trotting Ass'n
  538 F.2d 111· 6th Cir.· 1976-06-29 ·cited 14×
  A partner cannot be held individually liable for tortiously inducing a breach of a contract entered into by the partnership, as such a claim is merely a breach of contract claim. However, the partnership itself can be liable for breach of contract.
• Bernardin, Inc. v. Midland OIL Corp.
  520 F.2d 771· 7th Cir.· 1975-07-31 ·cited 14×
  The court held that a parent corporation (Midland) could be held jointly liable for its subsidiary's (Zestee) debt when the subsidiary was a mere instrumentality of the parent, and piercing the corporate veil was equitable.
• Randle-Eastern Ambulance Serv., Inc. v. Corrine Millens
  294 So. 2d 38· Fla. 3d DCA· 1974-03-26 ·cited 14×
  This appeal concerns whether a defendant in a second tort action can be barred from liability when the plaintiff has already recovered damages from a jointly and severally liable tortfeasor in a prior action. The court held that without proof of satisfaction of the first judgment
• Quarngesser v. Appliance Buyers Credit Corp.
  187 So. 2d 662· Fla. 3d DCA· 1966-06-14 ·cited 14×
  A guarantor of payment on a promissory note is jointly and severally liable with a co-guarantor, and a judgment against one co-guarantor does not merge and discharge the liability of the other.
• Dubuque Stone Prods. Co. v. Fred L. Gray Co.
  356 F.2d 718· 8th Cir.· 1966-02-18 ·cited 14×
  The court held that the assignment of claims to Gray made it the real party in interest and that the trial court erred in not awarding the full retrospective premium due.
• Pa. R.R. Co. v. THE Beatrice
  275 F.2d 209· 2d Cir.· 1960-02-15 ·cited 14×
  The court held that the lower court's apportionment of damages among the negligent parties was reasonable and in accordance with admiralty precedent, and affirmed the right of indemnification under the pilotage clause.