Document Type
Article
Media Type
Text
Abstract
This comment argues that the Illinois Legislature's replacement of joint and several liability with proportionate share liability in environmental remediation actions was not carefully thought through. The author contends that the constitutionality of the system of proportionate share liability and the burdens of proof is highly questionable. Further, the piece advises that, given that the attempt to reform tort liability in the 1990s was not constitutional, the legislature should have carefully reconsidered the civil justice statutes related to environmental remediation actions. In the author's conclusion, the system of proportionate share liability should end with the same result as the attempt at tort reform: a finding of unconstitutionality.
First Page
365
Last Page
382
Publication Date
5-1-2002
Department
College of Law
ISSN
0734-1490
Language
eng
Publisher
Northern Illinois University Law Review
Recommended Citation
Crowley, Thomas
(2002)
"Problems With the Adoption of Proportionate Share Liability in Illinois Remediation Actions,"
Northern Illinois University Law Review: Vol. 22:
Iss.
2, Article 4.
Suggested Citation
Thomas Crowley, Comment, Problems With the Adoption of Proportionate Share Liability in Illinois Remediation Actions, 22 N. Ill. U. L. Rev. 365 (2002).
