Free US Law Dictionary
BETA
Apportionment
The legal term apportionment (French apportionement; Med. Latin apportionamentum; derived from Latin portio, share) means distribution or allotment in proper shares.
It is a term used in law in a variety of senses. Sometimes it is employed roughly and has no technical meaning; this indicates the distribution of a benefit (e.g. salvage or damages under the Fatal Accidents Act 1846, § 2), or liability (e.g. general average contributions, or tithe rent-charge), or the incidence of a duty (e.g. obligations as to the maintenance of highways).
In its strict legal interpretation apportionment falls into two classes: "apportionment in respect of estate" and "apportionment in respect of time."
CAFC: Damage Apportionment in Action
American Seating Company v. USSC Group, Inc. (2007-1112) January 39, 2007USSC appealed a jury verdict which awarded American Seating damages for patent infringment relating to tie-down wheelchairs for mass transit transportation...
Lemley astonished that apportionment was controversial
Patent reform 2008 (S.1145) died over damages apportionment.Here's what Mark Lemley said:?I have to say I?m frankly astonished that apportionment has been this controversial,? said Mark A...
Apportionment provisions may have unintended consequences
Heather R. Pruger (Executive Notes and Comments Editor, Maryland Law Review) recently authored an article entitled Pfeufer v...
CPF Ups the Ante on Patent Reform, Spells Out Damage Apportionment
On March 5, the Coalition for Patent Fairness (CPF) issued a letter to Senators Leahy, Specter and Hatch proclaiming that, not only is damage apportionment necessary, apportionment considerations need to be codified to provide a template for judges to instruct juries:A serious and continuing problem in the calculation of a reasonable royalty is the lack of adequate jury instruction...
Unifying rules for tax apportionment for wills and revocable trusts
Earlier on this blog, I discussed an article focusing on whether the law of probate and non-probate transfers should be unified...
Roin: Can the Income Tax Be Saved Via Worldwide Formulary Apportionment?
Julie Roin (Chicago) has published Can the Income Tax Be Saved? The Promise and Pitfalls of Adopting Worldwide Formulary Apportionment, 61 Tax L...















