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Judiciary takes up apportionment changes; insurers and trial lawyers spar over 'empty‑chair' defense
Summary
House Bill 303 clarifies apportionment law so defendants can argue that a non‑party was the sole cause of injury without that defense being treated as apportionment; proponents say it clears judicial confusion, opponents say it undermines strict‑liability protections in asbestos and other toxic‑exposure cases (Libby example).
Representative Anthony Nicastro opened House Bill 303, saying the statute clarifies when a defendant may present a ‘‘someone else did it’’ defense without converting the argument into an apportionment claim. He told the committee the change aims to harmonize divergent judicial interpretations about whether a defendant may defend by pointing to an absent third party as the sole cause of harm.
Supporters, including…
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