Lawsuit Reform: Joint and Several Liability Reform

Current law allows for trial lawyers to target deep-pocketed defendants, even if other defendants bear responsibility. One defendant could be liable for all damages caused by numerous defendants.

Proposal

  • For both joint and several liability cases, adds that any third-party defendants who could have been sued can be jointly or severally liable for the purposes of determining other defendant’s liability. This will allow defendants to point to other potentially liable defendants, even if they are not named in the lawsuit, in order to reduce their own liability.
  • For those defendants that are more than 25% liable and thus jointly and severally liable, we would allow them to reduce their liability if there were other potential defendants.

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