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Case Citations [1] (July 2020 - August 2021)

handle is hein.ali/restt5031 and id is 1 raw text is: TORTS 3D: APPORTIONMENT OF LIABILITY TOPIC 1. BASIC RULES OF COMPARATIVE RESPONSIBILITY § 1. Issues and Causes of Action Addressed by This Restatement N.J.Super.App.2020. Com. (a) quot. in disc. Estate of patient who fell and broke her ankle in a restaurant sued restaurant and physicians who treated her, alleging, among other things, that physicians negligently operated on her ankle, causing complications that led to her death. After plaintiff settled with restaurant, the trial court granted physicians' motion for a declaration that they were entitled to a pro tanto credit for the settlement against any damage award. This court reversed and remanded, holding that the application of a pro tanto settlement credit in a negligence case, whether it involved joint or successive tortfeasors, was a vestige of the common law that no longer applied following the enactment of the New Jersey Comparative Negligence Act. The court noted that the justification for a pro tanto credit-to eliminate a windfall recovery through a duplication of damage awards-was no longer necessary in the context of comparative responsibility, which, according to Restatement Third of Torts: Apportionment of Liability § 1, had been almost universally adopted by American courts and legislatures. Glassman v. Friedel, 243 A.3d 1268, 1281. TOPIC 2. LIABILITY OF MULTIPLE TORTFEASORS FOR INDIVISIBLE HARM § 10. Effect of Joint and Several Liability C.A.9, 2021. Quot. in diss. op.; com. (b) quot. in diss. op. Holder of copyright over fabric design sued clothing manufacturers, retailers, and fabric designer, alleging that defendants violated plaintiff's copyright by manufacturing or selling clothing that used plaintiff's protected design after modifying and using it without plaintiff's permission. The district court entered judgment for plaintiff. This court reversed in part and remanded, holding, inter alia, that plaintiff could only recover a single statutory damages award under the Copyright Act, because defendants were jointly and severally liable for copying plaintiff's single design even if defendants were not jointly and severally liable for their separate instances of infringement. The dissent argued that its interpretation of the Act was that each separate and distinct set of instances of infringement by defendants should give rise to separate statutory damages awards, which more closely hewed to the structure of the Act and principles set forth by Restatement Third of Torts: Apportionment of Liability § 10, because doing so forced defendants to pay the full amount of plaintiff's damages. Desire, LLC v. Manna Textiles, Inc., 986 F.3d 1253, 1279. Ct.Fed.Cl.2020. Cit. in case quot. in sup.; cit. in ftn. (citing § 20 of Prop. Final Draft (Rev.) 1999, which is now § 10 of the Official Text). Contractor that designed a new cooling system for a federal courthouse sued the United States, requesting that the court vacate a final decision issued by the contracting officer for the project, which concluded that plaintiff and a separate contractor that installed the system in the courthouse were jointly and severally liable for damage that was caused when the system malfunctioned; defendant counterclaimed for plaintiff's alleged breach of its contractual obligations. This court dismissed the entire action, holding that it lacked jurisdiction because defendant's counterclaim and the COPYRIGHT ©2021 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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