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Release Of Joint Tortfeasors-Virginia Code Section 8.01-35.1 And Its Retroactive Application, Gary R. Allen
Release Of Joint Tortfeasors-Virginia Code Section 8.01-35.1 And Its Retroactive Application, Gary R. Allen
University of Richmond Law Review
This comment was prompted by the 1979 enactment of Section 8.01- 35.1 of the Code of Virginia, which changed the law in Virginia regarding the release of, and contribution among, joint tortfeasors. Contribution statutes such as section 8.01-35.1 provide an equitable remedy for the problem of unjust enrichment (or, more accurately, unequal punishment) whenever one of several joint tortfeasors pays more than his ratable share of a claim. There has been considerable debate concerning the retroactive effect of these statutes-that is, whether a newly promulgated contribution statute can be applied retroactively to affect a claim which arose before the statute …
The Covenant Not To Sue: Virginia's Effort To Bury The Common Law Rule Regarding The Release Of Joint Tortfeasors, Linda Flory Rigsby
The Covenant Not To Sue: Virginia's Effort To Bury The Common Law Rule Regarding The Release Of Joint Tortfeasors, Linda Flory Rigsby
University of Richmond Law Review
The 1979 Virginia General Assembly turned the last shovel of earth onto the grave of the common law "release rule"' by adopting the covenant not to sue as a viable settlement device in joint tortfeasor actions. By this statutory adoption, Virginia became the last state to recognize, either by statute or judicial mandate, that a properly drawn covenant not to sue can act to release one or more tortfeasors without automatically releasing all those tortfeasors liable for the same injury or wrongful death. Judicial interpretations of the covenant not to sue, particularly those of California, Michigan and North Carolina, will …
Recovery For Wrongful Death In Virginia: The Effect Of "Dependency" And "Pecuniary Loss"
Recovery For Wrongful Death In Virginia: The Effect Of "Dependency" And "Pecuniary Loss"
University of Richmond Law Review
In 1968, substantial changes occurred m the statute allowing recovery for wrongful death in Virginia. The General Assembly established "dependents" as a new class of persons, entitled to recover up to a maximum of $50,000 in proportion to their "pecuniary loss." The statute also designates a class of persons as beneficiaries and allows them to recover an additional $25,000 for solace. Thus, the total amount potentially available to persons who qualify as both a dependent and a statutory beneficiary is $75,000.