Maine LD 434: An Act To Promote Equity in the Joint and Several Liability Law in Maine

LD 434 (subjects: TORTS , LIABILITY )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=434&PID=1456&snum=127


Sponsors | Actions | Bill Text | Patterns of Support


Sponsors

Principal Sponsor: Sen. Andre Cushing of Penobscot: (R – District 10) — e-mail | Twitter | Facebook

8 Cosponsors:

Actions

Chamber

Action
2/24/2015 Senate Committee on JUDICIARY
suggested and ordered printed
On motion by Senator CUSHING of Penobscot REFERRED to the Committee on JUDICIARY
Ordered sent down forthwith for concurrence.
2/24/2015 House Bill REFERRED to the Committee on JUDICIARY.
In concurrence. ORDERED SENT FORTHWITH.
5/27/2015 Senate Reports READ.
Senator BURNS of Washington moved to ACCEPT the Minority Ought to Pass as Amended Report.
On further motion by same Senator, TABLED until Later in Today’s Session, pending his motion to ACCEPT the Minority Ought to Pass as Amended Report.
Unfinished Business
5/28/2015 Senate Unfinished Business
5/29/2015 Senate Unfinished Business
6/1/2015 Senate Unfinished Business
6/2/2015 Senate Unfinished Business
6/3/2015 Senate Unfinished Business
6/4/2015 Senate Unfinished Business
6/5/2015 Senate Unfinished Business
6/8/2015 Senate Taken from the table by the President ProTem
Subsequently, On motion by Senator BURNS of Washington Minority Ought to Pass As Amended FAILED
Roll Call Ordered Roll Call # 157 16 Yeas – 19 Nays- 0 Excused – 0 Absent
Majority Ought Not To Pass Report ACCEPTED
Ordered sent down forthwith for concurrence.
6/9/2015 House Reports READ.
On motion of Representative HOBBINS of Saco, the Majority Ought Not to Pass Report was ACCEPTED.
In concurrence. ORDERED SENT FORTHWITH.
Placed in the Legislative Files. (DEAD)

Bill Text

.

An Act To Promote Equity in the Joint and Several Liability Law in Maine

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 14 MRSA 156, 5th , as amended by PL 1999, c. 633, 1 and affected by 3, is further amended to read:

In a case involving multiparty defendants, each defendant is jointly and severally liable to the plaintiff for the full amount of the plaintiff’s damages . However, any , except that, if a defendant is less than 50% at fault, that defendant???s liability is several and not joint and the defendant is liable for only the amount of the damages attributable to that defendant. This limitation on liability also applies in any claim for contribution or action brought by another defendant. A defendant has the right through the use of special interrogatories to request of the jury the percentage of fault contributed by each defendant. If a defendant is released by the plaintiff under an agreement that precludes the plaintiff from collecting against remaining parties that portion of any damages attributable to the released defendant’s share of responsibility, then the following rules apply.

summary

Under current Maine law, if 2 or more defendants are found to be liable to a plaintiff for the same injury, the defendants are jointly and severally liable for the full amount of the plaintiff???s damages.

This bill provides that, if a defendant is less than 50% at fault for the plaintiff???s injury, that defendant???s liability for damages is equal to the percentage attributable to that defendant. This limitation also applies to claims for contribution and actions brought by another defendant.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


This information about LD 434 was last updated on 2016-05-12.
The Open Maine Politics website is in a beta release and results should not be taken as definitive. Please visit the official website of the Maine State Legislature for entirely verifiable information.

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