Also known as: apportionments · apportionable · apportionability · apportioned · apportioning · apportion
Written by attorneys · grounded in primary & secondary sources — see below
Division into proportionate shares. The allocation of rights, liabilities, fees, damages, or resources among multiple parties or causes follows a fair or legal standard that prevents any one from bearing an undue burden or receiving an unearned windfall.
Former government lawyer Jordan joins a private firm that represents a client adverse to a person about whom Jordan holds confidential government information. The firm screens Jordan from the matter. The firm may continue the representation only if Jordan is apportioned no part of the resulting fee.
Voters in several districts challenge a state legislative map that creates large population disparities. The court holds the apportionment challenge justiciable under manageable standards and remands the case so the legislature may redraw the districts with roughly equal numbers of persons.
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After divorce, spouse Taylor seeks maintenance. The court first divides the marital estate and apportions specific assets to Taylor. It then calculates maintenance by examining Taylor's resulting financial resources and ability to meet needs independently.
Owner Quinn subdivides land subject to an easement in gross that allows utility access. Because the creating instrument does not prohibit division, the easement burden is apportioned among the resulting parcels so no single owner bears the entire load.
Principal Rivera assigns different portions of a delivery business to separate employees. When determining whether an employee's act falls within the scope of employment, the court considers the extent to which the business is apportioned between those servants.
Two defendants' separate negligent acts cause plaintiff two distinct injuries. The court apportions damages between the defendants because each harm is traceable to only one cause and a reasonable basis exists for determining each contribution.
Damages are apportioned when there are distinct harms or a reasonable basis exists for determining each cause's contribution to a single harm. When harm cannot be apportioned, each tortfeasor remains jointly and severally liable for the entire harm.
A firm may represent the client only if the screened lawyer receives no part of the fee from the matter. This prevents the lawyer from benefiting from confidential government information obtained while a public employee.
Courts consider the duration of the marriage, each party's contributions, age, health, vocational skills, and needs. The goal is a fair division without regard to marital misconduct.
No. Each resulting parcel ordinarily retains the benefit, but courts may apportion the benefit to prevent an unreasonable increase in the burden on the servient estate.