Commentators also have noted that you need not invent the concept of piercing when the common law concept of "
joint tortfeasor" can hold a party directly liable for arranging a tortious act effected by another.
principles related to
joint tortfeasor claims reveals that this threat
(3) Nowhere is that more true than in Australian law, where the question of whether a defendant can be liable as a
joint tortfeasor for assisting a primary tortfeasor remains unsettled.
He also said that Niantic could potentially be at risk under a concurrent negligence or
joint tortfeasor theory.
(48) The exclusion of
joint tortfeasor liability from Section 271(a), however, stems from concern over holding unwitting participants, such as innocent customers, jointly and severally liable for direct infringement.
2) A sued
joint tortfeasor may implead others or may later commence a contribution action against those not joined, as prescribed in the first Contribution among
Joint Tortfeasors Act.
Payne, Release of one
joint tortfeasor as discharging liability of others under Uniform Contribution Among Tortfeasors Act and other statutes expressly governing effect of release, 6 A.L.R.
Editor's Note: Physicians should exercise due care whenever having any work done in their offices, lest a cause of action arise against them, whether as a
joint tortfeasor or otherwise.
(8) The Florida Supreme Court held that comparative negligence would not ordinarily apply in enhanced injury cases, ruling that the tortfeasor who caused the crash was not a
joint tortfeasor with the manufacturer and could not be on the verdict form.
(indicating that each
joint tortfeasor is liable for plaintiffs entire
Accordingly, while a
joint tortfeasor jointly and severally liable for more than 50% of total liability may still be required to pay the entirety of a judgment, the
joint tortfeasor that is assessed 50% or less of the total liability may only be required to pay damages toward satisfaction of a judgment for non-economic loss to the extent of its own equitable share.
Thus, the conclusion that not all claims between PRPs are contribution claims is based on the conclusion that not all PRPs are
joint tortfeasors. (150) The [section] 107(a)(4)(B) plaintiff is a
joint tortfeasor with the other PRPs only after there has been a judgment or settlement.