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Allocation of Fault: Facilitates the implementation of the Tort Reform Act

Michigan Bar Journal October 2003
By Douglas Allen & Thomas Waggoner

Straub, Seaman & Allen

The 1996 Tort Reform Act largely abolished joint and several liability1 and substituted a system of allocation of fault among parties and nonparties.2  However, the act does not provide a procedure for giving notice of an intent to allocate fault to a nonparty. MCR 2.112(K) was adopted to provide an orderly and equitable means of implementing and aministering the act's allocation of fault provisions.3

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