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Under joint and several liability or (in the U.S.) all sums, a plaintiff (claimant) is entitled to claim an obligation incurred by any of the promisors from all of them jointly and also from each of them individually. Thus the plaintiff has more than one cause of action: if she pursues one promisor and he fails to pay the sum due, her action is ...
Joint and Several Liability. To support this allegation, Tiffany referred to Gucci America, Inc. v. Exclusive Imports International. The court held that, however, that the two cases were entirely distinguishable from one another because eBay "never takes possession of items sold through its website, and that eBay does not directly sell the ...
In a 4-3 majority decision by Associate Justice Stanley Mosk, the court decided to impose a new kind of liability, known as market share liability.The doctrine evolved from a line of negligence and strict products liability opinions (most of which had been decided by the Supreme Court of California) that were being adopted as the majority rule in many U.S. states.
Many of these cases have lead to class action lawsuits and proceedings by the Federal Trade Commision (FTC), resulting in a number of settlements worth millions — or even billions — of dollars ...
Even after this legal doctrine was abandoned with the adoption of the Married Women's Property Acts, many courts disallowed lawsuits between spouses other than divorce or criminal proceedings for the fear that it would disrupt marital harmony. [7] From the 1860s until 1913, courts completely rejected the notion of interspousal liability. [7]
The plaintiff, Dr. Ira Gore, bought a new BMW, and later discovered that the vehicle had been repainted before he bought it. Defendant BMW of North America revealed that their policy was to sell damaged cars as new if the damage could be fixed for less than 3% of the cost of the car. Dr. Gore sued, and an Alabama jury awarded $4,000 in compensatory damages (lost value of the car) and $4 ...
Under joint and several liability, where two or more people create a single injury or loss, all are equally liable, even if they contributed only a small amount. A state court hearing an admiralty case would be required to apply the doctrine of joint and several liability even if state law does not contemplate the concept.
For example, a lawyer may commit malpractice by: After being retained to file a claim or lawsuit, failing to file a case before the statute of limitations expires. Failing to respond to potentially dispositive motions filed by the opposing party. Failing to timely file a notice of appeal.