Joint and Several Liability

News & Analysis as of

Withdrawal Liability - A Concealed but Potentially Devastating Assessment

During the past several years a hidden liability has been lurking in the shadows. This hidden threat is known as withdrawal liability and is a critical issue that any employer with a unionized workforce needs to be cognizant...more

Judge Forrest Will Delay Considering Counsel’s Potential Joint and Several Liability For Fees and Expenses

Realtime Data LLC v. CME Group, Inc. et al. Case Number: 1:11-cv-06697-KBF (Dkt. 883) - Following defendants’ wins at summary judgment, and at the Federal Circuit, one defendant, CME Group, Inc. et al., moved...more

When One Solution Is Better Than Two

Over the years, clients have sought my advice after they have obtained a judgment against a limited liability company or a corporation, and after they have tried, without success, to collect on that judgment. All of the...more

Weekly Law Resume: Torts – Product Liability – Consumer Expectation Test

Jaklin Mikhal Romine v. Johnson Controls, Inc. et al. Court Of Appeal, Second District (March 17, 2014) - Product liability cases can involve complex mechanisms of injury, and multiple design and manufacturing...more

Court’s Ruling Holding Corporate Officer Responsible for Trust Fund Recovery Penalty Illustrates Risk of Personal Liability for...

A district court in the Northern District of California has held that the officer of a now-defunct corporation is personally responsible for the Trust Fund Recovery Penalty based upon the company’s failure to collect, account...more

Contract Found To Exist Despite Revocation Of The LLC’s Charter Five Years Before The Contract Was Signed

Nevada’s LLC Act requires LLCs to file annually a list of managers or managing members. NRS 86.263. If an LLC fails to do so, the Nevada Secretary of State may revoke the LLC’s charter and it will forfeit the right to...more

When 1 Percent of Fault = 100 Percent of Damages: Understanding Subrogated Recovery in Quebec

In a subrogation action where multiple defendants have caused the plaintiffs’ loss, courts will generally allocate a percentage of liability to each defendant. Even so, a plaintiff can collect 100 percent of its judgment from...more

Long Arm of ERISA Tags Non-US Parent Company With Pension Liabilities of Its US Subsidiary

A non-United States entity seeking to acquire a United States entity should be aware that the acquisition may expose the non-US entity to any pension plan termination and withdrawal liabilities of the US target entity in...more

A Warning Shot for Private Equity Funds: First Circuit Court of Appeals Holds Fund Engaged in a "Trade or Business" for Purposes...

Under Title IV of the Employee Retirement Income Security Act (ERISA), withdrawal liability upon cessation of participation in a multiemployer pension plan and termination liability upon the involuntary or distressed...more

New Remedies For Cyberbullying In Nova Scotia

Provisions of the Nova Scotia Cyber-safety Act came into force today, as announced by the Minister of Justice of Nova Scotia....more

Defendants in New Jersey Construction Case May Seek Contribution Credits for Fault of Co-Defendants Dismissed Under the 10-Year...

The New Jersey Supreme Court recently held that when claims against certain defendants are dismissed by virtue of the New Jersey 10-year statute of repose, fault may still be apportioned to the dismissed defendants under the...more

Amendments to Russian Urban Development Code: Clarifications on Tort Liability

Significant amendments affecting the liability of self-regulating organizations and building owners became effective on 1 July 2013. ...more

The European Commission Proposes Directive On Private Damages Actions

The European Commission ("Commission") last week published a proposed directive on rules governing private damages actions in the EU ("Draft Directive"). Companies and consumers are increasingly seeking to claim damages for...more

European Commission Proposes New Regime for Private Antitrust Damages Actions

On June 11, 2013, the European Commission published a proposal for a directive on private damages actions for breaches of EU competition law. If adopted, the directive will facilitate private damages actions in the national...more

EU Commission published proposals for private antitrust litigation

On 11 June, the European Commission (“Commission”) published its long-awaited package of proposals on private antitrust litigation. The package is divided into three sets: (1) a Draft Directive on actions for damages (2) a...more

Court practice on credit obligations of individuals

On 22 May 2013 the Presidium of the Supreme Court of the Russian Federation (the “Supreme Court”) approved an overview of court practice in cases concerning the performance of credit obligations by individuals (the...more

Court Holds Aiding And Abetting Liability Requires Material Assistance In The Violation

Corporations Code Section 25401 is the general anti-fraud provision of the Corporate Securities Law of 1968. Section 25504.1 makes a person jointly and severally liable for a violation of Section 25401 if that person...more

District Court Awards Fees To ESA Defendant, Ordering Plaintiffs Jointly And Severally Liable

On March 29, 2013, after more than 11 years of litigation, the United States District Court for the District of Columbia held that a defendant, as the prevailing party, was entitled to attorneys' fees under the Endangered...more

CFTC Issues Rule Regarding Persons Associated with Multiple Swap Dealers or Major Swap Participants

On April 1, the Commodity Futures Trading Commission issued a final rule clarifying that each swap dealer (SD), major swap participant (MSP) or other CFTC registrant with whom an associated person (AP) is associated is...more

Franchising in Ontario - April 2013

Zwaniga v. Johnvince Foods: A Warning Against Improperly Naming Defendants as “Franchisor’s Associates” - In Zwaniga v. Johnvince Foods (Zwaniga), Justice Perell granted pre-certification summary judgment dismissing a...more

March 2013 - SALT Shaker Newsletter

In this issue: - Delivered by Independent Contractors, Undelivered by P.L. 86-272: Order Fulfillment Activities Subject Out-of-State Seller to New York Corporation Franchise Tax - Everything’s Bigger in Texas,...more

Illinois Appellate Court Endorses “All Sums” Allocation Rule for Asbestos Bodily Injury Losses under Excess and Umbrella Insurers

On March 5, 2013, the First District Appellate Court of Illinois ruled in John Crane, Inc. v. Admiral Ins. Co., 2013 IL App (1st) 093240-B that excess and umbrella insurers covering asbestos-related injury claims are jointly...more

Courts Continue to Split on Whether Defense Obligation Is a First Party Benefit Under Colorado Law, but Agree Duty to Defend Is a...

In D.R. Horton, Inc.—Denver v. Mountain States Mutual Casualty Co., No. 12-cv-01080 (February 25, 2013), another U.S. District Court judge for the District of Colorado determined a liability insured seeking defense costs from...more

Courts Continue to Split on Whether Defense Obligation Is a First Party Benefit Under Colorado Law, but Agree Duty to Defend Is a...

In D.R. Horton, Inc.—Denver v. Mountain States Mutual Casualty Co., No. 12-cv-01080 (February 25, 2013), another U.S. District Court judge for the District of Colorado determined a liability insured seeking defense costs from...more

Pursuit of the Project

So you decided that you wanted to pursue funding through Infrastructure Ontario. Many applicants consider completing a project alone, however is this the only option available?...more

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