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Authors

Thomas Crowley

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

Included in

Law Commons

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