Joint, but not joint

February 17, 2021

Joint and several (or “solidary”) liability does not mean shared jurisdictional contacts: “Libersat argues that, because they are solidary obligors, each defendant’s respective contacts with Louisiana should be imputed to every other defendant. Libersat asks, ‘If two corporations are obligated for the same performance and can be judicially sanctioned for conduct related to said obligation irrespective of the presence of the other, are they not alter egos?’ No, they are not. Sharing liability is not the same as sharing an identity. As our colleagues in the Ninth Circuit explained, ‘Liability and jurisdiction are independent. . . . Regardless of their joint liability, jurisdiction over each defendant must be established individually.’ Lumping defendants together for jurisdictional purposes merely because they are solidary obligors ‘is plainly unconstitutional.'” Libersat v. Sundance Energy, No. 20-30121 (Oct. 26, 2020).

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