Joint And Several Liability Remains Alive And Well

Law360, New York (May 17, 2010, 4:46 PM EDT) -- In the immediate wake of the U.S. Supreme Court's Burlington Northern decision, many attorneys anticipated a shift away from joint and several liability toward apportionment in Superfund judgments. The lower courts have not taken that point of view — though they may be more willing to consider apportionment arguments than they used to be, experts say.

Showing divisibility of harm has been the way out of joint and several liability since the U.S. District Court for the Southern District of Ohio issued its U.S. v. Chem-Dyne...
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