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Lawsuit liability bill goes to governor.


The New Hampshire New Hampshire, one of the New England states of the NE United States. It is bordered by Massachusetts (S), Vermont, with the Connecticut R. forming the boundary (W), the Canadian province of Quebec (NW), and Maine and a short strip of the Atlantic Ocean (E).  House, after a tough floor fight, earlier this month sent a bill to the governor overturning a recent state Supreme Court decision on apportioning ap·por·tion  
tr.v. ap·por·tioned, ap·por·tion·ing, ap·por·tions
To divide and assign according to a plan; allot: "The tendency persists to apportion blame as suits the circumstances" 
 liability in a civil suit.

The bill, opposed by business groups and municipalities, would prevent defendants from bringing others in for liability purposes, other than those named by the plaintiffs.

Supporters of the measure said it would prevent the "empty chair" defense, meaning that defendants could "lay low" and afterwards af·ter·ward   also af·ter·wards
adv.
At a later time; subsequently.


afterwards or afterward
Adverb

later [Old English æfterweard]

Adv. 1.
 bring in people who can't really defend themselves in order to lower the amount of their own damages.

Those who opposed legislation said that it would allow plaintiffs to pick and choose defendants with "deep pockets"--those with insurance, or large corporations and municipalities--even when they are only minimally responsible.

The Senate previously amended the bill to mollify mol·li·fy  
tr.v. mol·li·fied, mol·li·fy·ing, mol·li·fies
1. To calm in temper or feeling; soothe. See Synonyms at pacify.

2. To lessen in intensity; temper.

3.
 critics, only allowing those who had "substantial" liability to be on the hook Adj. 1. on the hook - caught in a difficult or dangerous situation; "there I was back on the hook"
dangerous, unsafe - involving or causing danger or risk; liable to hurt or harm; "a dangerous criminal"; "a dangerous bridge"; "unemployment reached dangerous
, and then passed it last week on a 1211 vote back to the House.

But the term substantial is "very subjective," said Rep. William Infantine in·fan·tine  
adj.
Infantile; childish.
, R-Manchester. "In a large case with many factors, it could result in a quagmire."

Supporters pointed to the language of the law that said the defendant wouldn't have any liability if the "plaintiff's harm would not have occurred but for the party's fault."

"Let's blow away the smoke that is swirling around this bill," said Rep. Betty Lasky, D-Nashua. "It means that a person can determine for himself who he would like to sue, and he won't have to sue everybody and his uncle."

The House beat back an attempt to table the bill and then passed it, 182-153. Now it's up to Governor Lynch.
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Title Annotation:RESOURCES * legal; New Hampshire House
Author:Sanders, Bob
Publication:New Hampshire Business Review
Article Type:Brief article
Geographic Code:1U1NH
Date:Jun 22, 2007
Words:278
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