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

• Bates v. Miller
  133 F.2d 645· 2d Cir.· 1943-02-01 ·cited 14×
  The court held that the trial court did not err in submitting the case to the jury against all defendants and in denying motions to set aside the verdict, as the defendants were liable for the full amount of damages.
• Ethna Hudson
  150 Fla. 523· Fla.· 1942-05-08 ·cited 14×
  Plaintiffs' declaration failed to state a cause of action for joint tortfeasance against a physician and diathermist because it did not allege sufficient facts showing either unity of design and common duty or concurrent negligence that concurred in producing an indivisible injur
• Jonas Jones and his wife v. Griffin
  103 Fla. 745· Fla.· 1931-11-30 ·cited 14×
  The Florida Supreme Court affirmed a foreclosure decree against Jonas and Isabel Jones on a joint promissory note and mortgage. The court held that even if a married woman's signature on a joint note is void due to her coverture status, the note remains valid evidence of the husb
• B.F. Goodrich Co. v. Murtha
  958 F.2d 1192· 2d Cir.· 1992-03-12 ·cited 13×
  A municipality can be held liable under CERCLA for arranging for the disposal or treatment of municipal solid waste containing hazardous substances, even if that waste is primarily household waste.
• Quattrone Accountants, Inc. v. Internal Revenue Serv.
  895 F.2d 921· 3d Cir.· 1990-02-12 ·cited 13×
  The bankruptcy court lacked jurisdiction to determine a non-debtor's tax liability, and the debtor corporation was a responsible person who willfully failed to pay over federal employment taxes.
• Matey v. Pruitt
  510 So. 2d 351· Fla. 2d DCA· 1987-07-22 ·cited 13×
  The court affirmed the jury's finding on the source of funds for judgment satisfaction and the division of contributive shares, but reversed and remanded for recalculation of interest on the judgment from the date of payment.
• United Feature Syndicate, Inc. v. Sunrise Mold Co.
  569 F. Supp. 1475· S.D. Fla.· 1983-08-29 ·cited 13×
  The court held that defendants willfully infringed plaintiff's copyrights by manufacturing and selling unauthorized PEANUTS character molds, and were liable for statutory damages, attorney fees, costs, and punitive damages.
• Morton v. Abbott Labs.
  538 F. Supp. 593· M.D. Fla.· 1982-03-25 ·cited 13×
  The court held that the defendants' motions for summary judgment should be granted because the plaintiff failed to raise a genuine issue of material fact regarding causation under traditional theories or novel theories like market share liability.
• The Improved Benevolent & Protected Order OF Elks OF the World, Inc. v. Delano
  308 So. 2d 615· Fla. 3d DCA· 1975-02-11 ·cited 13×
  The court held that the Elks owed a duty of reasonable care to the plaintiff, a licensee, and breached that duty by failing to maintain the grounds. The court also held that the indemnity clause in the concession agreement did not cover the Elks' liability for the condition of th
• Lee v. Puleston
  102 Fla. 1079· Fla.· 1931-10-01 ·cited 13×
  The Florida Supreme Court reversed a judgment sustaining a demurrer to a suit on a joint promissory note executed by three persons, one of whom died before the note matured. The court held that Florida statute had abrogated the common law rule requiring the representative of a de
• R.J. Reynolds Tobacco Co. & Philip Morris USA, Inc. v. Neff
  325 So. 3d 872· Fla. 4th DCA· 2021-07-14 ·cited 12×
  R.J. Reynolds and Philip Morris appealed a $10 million wrongful death verdict (compensatory and punitive damages) in a smoking-related lung cancer case. The court reversed and remanded due to multiple improper arguments made by plaintiff's counsel during closing arguments that th
• Pollizzi v. Craig Paulshock, M.D.
  52 So. 3d 786· Fla. 5th DCA· 2010-12-30 ·cited 12×
  Dr. Paulshock obtained a judgment against Davenport Anesthesiology Associates and thereafter sought to hold three physician-shareholders liable for fraudulent transfer of corporate funds through supplementary proceedings. The court affirmed the liability finding but reversed the
• D.A.B. Constructors, Inc. v. Oliver
  914 So. 2d 462· Fla. 5th DCA· 2005-10-21 ·cited 12×
  D.A.B. Constructors and Cornell Cox appealed the denial of their motion for attorney's fees based on settlement proposals they made to the Olivers. The Florida Supreme Court's decision in Lamb v. Matetzschk required that joint settlement proposals differentiate the amount attribu
• Schnepel v. Gouty
  766 So. 2d 418· Fla. 1st DCA· 2000-08-25 ·cited 12×
  In this negligence action arising from a gunshot wound, the court addressed whether settlement proceeds from a non-liable defendant should be set off against a judgment awarded against the liable defendant. The court reversed the trial court's denial of a setoff, holding that Flo
• The Travelers Ins. Co. v. D.J. Wells, Jr.
  633 So. 2d 457· Fla. 5th DCA· 1993-11-19 ·cited 12×
  Travelers Insurance Company and Mangan Insurance Agency appealed jury verdicts awarding Mill Creek Sawmill $75,000 and $50,000 respectively for breach of contract to provide workers' compensation insurance for 1987. The court affirmed the finding of breach and foreseeability of d
• United States v. ALL Star Indus.
  962 F.2d 465· 5th Cir.· 1992-05-28 ·cited 12×
  The court held that the district court did not err in instructing the jury under the per se rule for price fixing and in ordering restitution, affirming the convictions.
• Romala Corp. v. The United States
  927 F.2d 1219· Fed. Cir.· 1991-03-12 ·cited 12×
  The court held that the Claims Court correctly interpreted the contract requiring submission of 100% design plans and that Romala's appeal was frivolous, warranting sanctions.
• In re Merritt Logan, Inc. v. Fleming Cos., Inc.
  901 F.2d 349· 3d Cir.· 1990-04-23 ·cited 12×
  The court held that lost profits are recoverable for a new business if proven with reasonable certainty, and that all sellers participating in product distribution are liable for breach of warranty. The court also affirmed the denial of a mistrial due to late discovery.
• I.A.M. Nat'l Pension Fund v. Slyman Indus., Inc.
  901 F.2d 127· D.C. Cir.· 1990-04-10 ·cited 12×
  The court held that the MPPAA time limits for contesting withdrawal liability were not equitably tolled by the employer's bankruptcy, and that liquidated damages under ERISA do not extend to post-judgment interest.
• United States v. Benevento
  836 F.2d 129· 2d Cir.· 1988-01-04 ·cited 12×
  The court held that the criminal forfeiture provision of the Comprehensive Forfeiture Act of 1984 imposes joint and several liability, not limited to an individual's ownership interest.
• Council FOR Periodical Distribs. Ass'ns v. Evans
  827 F.2d 1483· 11th Cir.· 1987-09-21 ·cited 12×
  The court affirmed the injunction against prior restraint and vacated the attorney's fees award, remanding for apportionment.
• Agristor Leasing v. Janies Saylor and Kaaren Saylor
  803 F.2d 1401· 6th Cir.· 1986-10-21 ·cited 12×
  A contractual disclaimer of reliance can be competent evidence on the issue of whether a plaintiff relied on alleged misrepresentations in a fraudulent misrepresentation claim.
• Pepsi-Cola Metro. Bottling Co., Inc. v. Checkers, Inc.
  754 F.2d 10· 1st Cir.· 1985-01-28 ·cited 12×
  The court affirmed the district court's judgment, holding that there was sufficient evidence to disregard the corporate separateness of Checkers, Bentley, and Chips, and to hold the individual defendants liable for Checkers' debt and for treble damages under Mass.Gen.Laws ch. 93A
• Progressive Am. Ins. Co. v. McKINNIE
  460 So. 2d 389· Fla. 4th DCA· 1984-11-07 ·cited 12×
  Progressive American Insurance Company appealed a judgment involving uninsured motorist coverage where two tortfeasors were jointly and severally liable for damages in an automobile accident. The court held that when one tortfeasor is uninsured but another has liability insurance
• United States v. Ioannis Tzakis
  736 F.2d 867· 2d Cir.· 1984-06-11 ·cited 12×
  A district court does not abuse its discretion by imposing joint and several liability for restitution on co-defendants convicted of conspiracy, even if their culpability differs.
• Sinder v. United States
  655 F.2d 729· 6th Cir.· 1981-08-04 ·cited 12×
  The court held that the taxpayer bears the burden of persuasion to prove they were not a responsible party for unpaid withholding taxes, and that there is no right of contribution under 26 U.S.C. § 6672.
• Equilease Corp. v. Smith Int'l, Inc.
  588 F.2d 919· 5th Cir.· 1979-01-29 ·cited 12×·via Solidary Liability
  The court held that even if Louisiana law recognizes negligent ignorance as a basis for liability, it does not apply in this case because Drilco lacked the means to discover the fraud despite suspicious circumstances.
• Gates v. L. G. DeWITT, Inc.
  528 F.2d 405· 5th Cir.· 1976-03-15 ·cited 12×
  The court held that the trial court erred in admitting the entire insurance policy into evidence without considering the defendants' objections and the potential prejudice, and that the admissibility of the policy should be reconsidered under correct legal standards.
• Courshon v. Fontainebleau Hotel Corp.
  307 So. 2d 901· Fla. 3d DCA· 1975-01-28 ·cited 12×
  Appellant Courshon appeals a judgment for breach of contract where he agreed to pay for a fundraising dinner at the Fontainebleau Hotel. The court affirmed the judgment, finding that Courshon was personally liable despite claiming to act as agent for the Democratic National Commi
• Local 1351, S.S. Clerks & Checkers, Int'l Longshoremen's Ass'n, AFL-CIO v. Nat'l Labor Relations Bd.
  329 F.2d 259· D.C. Cir.· 1964-02-13 ·cited 12×
  The court held that while the Board's findings of discrimination were supported by substantial evidence, the order requiring full reimbursement of service fees paid by non-union members was overly broad and punitive. The court remanded for a determination of the portion of fees r
• Welch v. Sherwin
  300 F.2d 716· D.C. Cir.· 1962-02-08 ·cited 12×
  The court held that a written contract must be enforced as written, and a contemporaneous oral understanding contradicting its plain terms is inadmissible absent fraud or mistake.
• Nat'l Labor Relations Bd. v. Lexington Elec. Prods. Co., Inc.
  283 F.2d 54· 3d Cir.· 1960-09-29 ·cited 12×
  The court held that while the Board's findings of unfair labor practices were supported by evidence, the remedial order's scope, particularly the cease and desist provision and the employer's joint and several liability for back pay, needed modification to be equitable and consis
• Ward v. Deavers
  203 F.2d 72· D.C. Cir.· 1953-03-26 ·cited 12×
  The court held that rescission was not possible due to the absence of an indispensable party (Deavers), and that the trial court's findings of fraud were not adequately supported by the record.
• Davis v. First Nat'l Bank & Tr. Co. in Orlando
  112 Fla. 485· Fla.· 1933-10-27 ·cited 12×
  The Florida Supreme Court reversed a judgment against two defendants on a joint promissory note because the trial court failed to properly note in the judgment that service had not been obtained on the third joint defendant, as required by statute.
• Mary M. Warren and her husband v. Creevey
  87 Fla. 46· Fla.· 1924-01-26 ·cited 12×
  In this mortgage foreclosure case, the Florida Supreme Court held that a mortgagee may foreclose a mortgage for default in payment of interest even before the principal note's maturity date, without an explicit acceleration clause, provided the mortgage contains language authoriz
• S. v. Hough
  61 Fla. 290· Fla.· 1911-01-01 ·cited 12×
  This case addresses whether a joint lawsuit can be filed against the maker and endorsers of a promissory note. The court held that a joint action is improper because the liabilities of a maker and an endorser are distinct and not joint.
• Osheroff v. Rauch Weaver Millsaps & Co.
  882 So. 2d 503· Fla. 4th DCA· 2004-09-22 ·cited 11×
  Real estate brokers sued sellers and buyers for breach of listing agreement, tortious interference, and civil conspiracy after a property sale occurred without paying commissions. The Fourth District affirmed the jury verdicts on tortious interference and conspiracy claims but re
• Rohatynsky v. Theo Kalogiannis
  763 So. 2d 1270· Fla. 4th DCA· 2000-08-02 ·cited 11×
  The court held that the trial court erred in dismissing the complaint against Marco Polo because factual issues remained regarding the corporation's liability under the note and modification, and the statute of limitations defense was not conclusively established on the face of t
• Diamond R. Fertilizer Co., Inc. v. Lake Packing P'ship
  743 So. 2d 547· Fla. 5th DCA· 1999-07-30 ·cited 11×
  Diamond R. Fertilizer Company appeals a summary judgment entered in favor of Lake Packing Partnership and others based on the doctrines of merger and election of remedies. The court reverses, holding that the trial court erred in applying these doctrines because factual issues re
• Frazier v. Metro. Dade Cnty.
  701 So. 2d 418· Fla. 3d DCA· 1997-11-12 ·cited 11×
  A minor drowned at a Metro-Dade operated swimming facility while under supervision of lifeguards, her mother, and aunt. The court reversed the trial court's judgment on damages allocation, holding that a non-negligent survivor's recovery cannot be reduced by another survivor's ne
• Schrank v. Pearlman
  683 So. 2d 559· Fla. 3d DCA· 1996-10-23 ·cited 11×
  Edward Schrank appeals a partial summary judgment holding him liable for equitable contribution to co-guarantors Philip and Anita Pearlman on a 1986 bank loan. The court reverses, holding that a claim for equitable contribution is governed by a four-year statute of limitations (n
• In re Hawaii Federal Asbestos Cases. (Four Cases) David K. Kaiu v. Raymark Indus., Inc.
  960 F.2d 806· 9th Cir.· 1992-03-31 ·cited 11×
  The court held that the military contractor defense does not apply to asbestos insulation sold to the Navy as it was a commercial product, and that state-of-the-art evidence is inadmissible in Hawaii strict products liability cases.
• Gurney v. Winton Ray Cain & Tena Cain & Bulldog Fence Co.
  588 So. 2d 244· Fla. 4th DCA· 1991-09-11 ·cited 11×
  This wrongful death case involves the drowning of a child in the Gurneys' pool. The court resolved the conflict between Florida's comparative fault statute (§768.81) and the wrongful death statute (§768.20) to determine whether a non-negligent parent's damages can be reduced base
• United States v. Murphy
  937 F.2d 1032· 6th Cir.· 1991-06-19 ·cited 11×
  The court held that genuine issues of material fact precluded summary judgment on Count I regarding the application of the False Claims Act amendments. However, the dissenting opinion argues that summary judgment should have been granted for the government on Count II (conspiracy
• Connors v. Ryan's Coal Co., Inc.
  923 F.2d 1461· 11th Cir.· 1991-02-06 ·cited 11×
  The court held that the MPPAA's mandatory arbitration provisions do not violate the Seventh Amendment right to a jury trial, and that the evidence supported the finding that Janice Simmons was a partner in a cattle farm operation deemed part of a controlled group liable for withd
• Harris v. Union Elec. Co.
  846 F.2d 482· 8th Cir.· 1988-05-09 ·cited 11×
  The district court had jurisdiction to grant a credit for settlement funds that partially satisfied a judgment, but erred in crediting the full amount when part of the settlement did not benefit the entire plaintiff class.
• Rocco v. Johns-Manville Corp.
  754 F.2d 110· 3d Cir.· 1985-01-25 ·cited 11×
  The court held that the Bankruptcy Code does not preempt Pennsylvania law allowing a plaintiff to avoid a settlement and sue on the underlying cause of action when a settling defendant defaults due to bankruptcy.
• Bell v. Einer Mickelsen
  710 F.2d 611· 10th Cir.· 1983-04-01 ·cited 11×
  The court held that the trial court erred in applying comparative negligence to intentional tort damages and in apportioning damages between defendants, but that the § 1983 waiver issue was not preserved for appeal.
• State v. Vega
  414 So. 2d 559· Fla. 3d DCA· 1982-04-27 ·cited 11×
  The Florida Court of Appeal reversed a judgment against the Department of Transportation based on sovereign immunity, holding that the decision not to install a guardrail on an expressway is a protected planning-level decision. The court also reversed a cost judgment that imprope
• Globe Constr. Co. v. Okla. City Hous. Auth.
  571 F.2d 1140· 10th Cir.· 1978-01-13 ·cited 11×
  The court affirmed judgments against General Insurance, holding that a bankruptcy stay on the debtor does not extend to the surety and that releasing a judgment against the debtor does not release the surety. Judgments against Globe were vacated due to the bankruptcy proceedings.