Apportioning Fault: Bankruptcy Filings and Multi-Defendant Civil Proceedings

Dennis J. Dozis, an associate at Kaufman Borgeest & Ryan, and Jacqueline Mandell, of counsel to the firm, write: The right to apportionment of fault in personal injury actions has been found to be so valuable that it has been held to apply "automatically" in cases where a plaintiff sues multiple defendants. However, what becomes of a defendant's right to apportion fault when a joint tortfeasor files for bankruptcy?

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