joint and several liability – Overlawyered

Illinois high court nixes collective-geographic-liability law on drug overdoses

Walter Olson — Thu, 11 Apr 2019 10:00:08 +0000

Over a dissent from two of its justices, the Illinois Supreme Court has struck down a law purporting to establish collectivized liability for drug overdoses: “Illinois state law allows family members of people who overdose to sue anyone within a given geographic area who sold or distributed the same kind of drug. Illinois Supreme Court: It violates due process for a plaintiff to recover a lot of money from a person who had no connection at all to the drug user. Dissent: Although the law ‘pushes the boundary of civil liability by dispensing with traditional notions of causation,’ we’re meant to be more deferential to the legislature under the rational basis test.'” [John K. Ross, IJ “Short Circuit” on Wingert v. Hradisky (citing parallel “market share liability” doctrines; “At least 18 states and one territory of the United States have adopted the Model Act or some version of [the Model Drug Dealer Liability Act]”)]

Tags: deep pocket, illegal drugs, Illinois, joint and several liability

Illinois high court nixes collective-geographic-liability law on drug overdoses is a post from Overlawyered - Chronicling the high cost of our legal system

From Tumblr, on Willy Wonka

Walter Olson — Sat, 04 Aug 2018 13:57:34 +0000

From NatlSecCnslrs on Twitter, who got it from Tumblr:

I am dead. I have died. pic.twitter.com/FEA8PAsPrB

— Natl Sec Counselors (@NatlSecCnslrs) July 25, 2018

Tags: humor, joint and several liability

From Tumblr, on Willy Wonka is a post from Overlawyered - Chronicling the high cost of our legal system

NYC responds to jury verdict on speeder-friendly street design

Walter Olson — Sun, 29 Jan 2017 23:59:40 +0000

After a biker was badly injured by a speeding motorist on Gerritsen Avenue in Brooklyn, a jury in 2011 held New York City legally responsible for not having more speeder-unfriendly street design. The city is now instituting such changes, which according to one advocate should no longer be deemed “subject to debate.” The city was held 40 percent liable, but paid 95 percent or $19 million of a $20 million settlement. “‘This ruling from New York’s highest court puts an end to the notion that traffic safety improvements should be subject to debate and contingent on unanimous local opinion,’ said Paul Steely White, Executive Director of Transportation Alternatives. ‘The scientific verdict has been in for several years: traffic calming works to save lives and prevent injuries.'” [Alissa Walker, Curbed]

Tags: joint and several liability, NYC, roads and streets, traffic laws

NYC responds to jury verdict on speeder-friendly street design is a post from Overlawyered - Chronicling the high cost of our legal system

Environment roundup

Walter Olson — Mon, 07 Mar 2016 05:05:36 +0000

Eminent domain on the silver screen: “Wild River” (1960) starring Montgomery Clift and Lee Remick tells story of TVA’s taking of the last parcel for a dam [Gideon Kanner]
Berkshire Hathaway: up to now, climate change has not produced more frequent insured weather-related events [Tyler Cowen]
Erin Brockovich goes on the Dr. Oz show to spread doubts about fluoride in drinking water [Hank Campbell, ACSH; more Brockovich follies]
California declares relatively unprocessed “aloe vera whole leaf extract” to be a dangerous chemical, which means it can be added to the Prop 65 list; note however that the refined aloe vera used in consumer products is not so included [Conkle Law]
Some environmentalists plan to sue fund managers who don’t act against global warming [The Guardian, Nature]
A tale of Superfund joint and several liability: “How tort reform helped crack down on polluters” [Ross Marchand, R Street Institute]
“Great Moments in US Energy Policy: In the 1970’s, The US Government Mandated Coal Use For New Power Plants” [Coyote]

Tags: climate change, eminent domain, Erin Brockovich, joint and several liability, Prop 65, Superfund, Wall Street

Environment roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Pa. jury: inadequate curve signage partly at fault

Walter Olson — Mon, 20 Oct 2014 09:32:42 +0000

Wilkes-Barre, Pennsylvania: “A jury in a Luzerne County civil case ruled that PennDOT was partially responsible for a deadly crash in 2011 that killed a 15-year-old girl, even though the driver of the SUV was driving at roughly twice the speed limit and did not have a driver’s license.” While the driver admitted he was going nearly 90 miles an hour when he lost control, the family’s lawyer “told jurors in closing arguments that PennDOT’s own manuals showed Suscon Road needed more so-called chevron signs that reflect light and warn of an upcoming sharp curve.” [WNEP]

Tags: deep pocket, joint and several liability, Pennsylvania, roads and streets, taxpayers

Pa. jury: inadequate curve signage partly at fault is a post from Overlawyered - Chronicling the high cost of our legal system

Motel owner 99% liable for murder

Walter Olson — Fri, 11 May 2012 12:44:46 +0000

“[An Indiana appeals] court has found that an ever so slightly negligent (2%) business owner needs to pay for 99% of the harm caused by a murderer. Citing the Restatement (Third) of Torts. Section 14, a public policy in favor of adequately compensating the wronged … and the difficulty murderers have in procuring insurance to cover their rampages, the appellate court in Santelli v. Rahmatulla found that the Restatement provides a handy way of escaping Indiana’s reform of its joint and several liability rule.” [David Oliver] More: Point of Law (motel “[adhered] to the non-discriminatory EEOC principle of not performing criminal background checks”).

Tags: hotels, Indiana, joint and several liability, third party liability for crime

Motel owner 99% liable for murder is a post from Overlawyered - Chronicling the high cost of our legal system

“Minivan-drownings suit could cost taxpayers plenty”

Walter Olson — Wed, 31 Aug 2011 16:03:08 +0000

Following the horrific murder-suicide of a woman who intentionally drowned herself and three of her four children, the woman’s estranged boyfriend is suing the city of Newburgh, N.Y. and its surrounding county for failing to prevent the crime. Joint and several liability reform would help, if only Albany were more sympathetic to the cause. [Thomas Stebbins, Poughkeepsie Journal; Daily News]

Tags: joint and several liability, New York, taxpayers, third party liability for crime

“Minivan-drownings suit could cost taxpayers plenty” is a post from Overlawyered - Chronicling the high cost of our legal system

July 6 roundup

Walter Olson — Wed, 06 Jul 2011 05:11:20 +0000

Mayor La Guardia on overlawyering [Lawrence Cunningham, Concur Op]
Update: “Forever 21 Backs Off On Blogger Lawsuit” [Jezebel via @LawandLit, earlier]
Pennsylvania governor Tom Corbett signs joint and several liability reform [Pittsburgh Tribune-Review]
Legislation introduced in Trenton to overturn New Jersey Supreme Court decision OKing suits by drunk drivers against bars that served them [NJLRA, earlier]
Angelos firm scores $495 million award against Exxon in Baltimore gas leak [Sun]
How plea bargaining warps justice [Tim Lynch, Reason]
California considers following New York’s lead in regulating employment of domestic workers [Workplace Prof]

Tags: Baltimore, California, joint and several liability, New Jersey, NYC, oil industry, Pennsylvania

July 6 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

June 10 roundup

Walter Olson — Fri, 10 Jun 2011 11:41:43 +0000

The appalling reign of California’s prison guards union [Tim Kowal, League of Ordinary Gentlemen via Tim Cavanaugh; Steven Malanga, City Journal; earlier]
Defense side, including dozens of sued bloggers, begins to respond in “Rakofsky v. Internet” case [Turkewitz, Popehat, earlier]
Point/counterpoint on class action arbitration clauses [Karlsgodt]
Group plans to Twitter-fy the novel Ulysses via crowdsourcing in time for Bloomsday, but let’s hope nobody tells litigation-prone Joyce heir [Ulysses Meets Twitter 2011 via BoingBoing]
Battle over reform of joint and several liability continues in Pennsylvania legislature [Wajert]
From Miami, latest dramatic tale of cops vs. citizen video-taking [David Rittgers, Cato at Liberty] New Jersey bill would criminalize taking photos of kids in many circumstances [Nicole Ciandella, CEI, see also]
Australia: “Man Gets Workers’ Comp for Injury Sustained When Punching Customer” [Lowering the Bar]

Tags: Australia, California, joint and several liability, labor unions, Pennsylvania, police, prisoners

June 10 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

February 22 roundup

Walter Olson — Tue, 22 Feb 2011 14:04:46 +0000

He wuz framed? Lawyers say wearing glasses will help a criminal defendant win acquittal [NYDN, ABA Journal]
“Are Judges ‘Employees’ Covered by State Antidiscrimination Law?” [Volokh, Fox]
Pursuing food safety, Congress ensures only unintended consequences [Paul Schwennesen, The Freeman]
High cost of litigation for Louisiana cities and towns [LLAW, PDF, via NJLRA; Daily Comet]
Calif. Kwikset decision not entirely a debacle for defendants [Russell Jackson, earlier] More: Cal. Civil Justice.
Pennsylvania lawmakers consider reform of joint and several liability [Post-Gazette]
Lawsuit fears tame a Frederick, Md. ice playground [Free-Range Kids]
Following scrutiny by Albuquerque newspaper, lawyer drops life insurance class action settlement [ten years ago on Overlawyered]

Tags: California, food safety, joint and several liability, judges, juries, Louisiana, Maryland, Pennsylvania, recreation, taxpayers

February 22 roundup is a post from Overlawyered - Chronicling the high cost of our legal system