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18 mar 2021 · However, in 2011, Senate Bill 1131, the “Fair Share Act,” was enacted in Pennsylvania to substantially limit the application of joint and several liability in civil cases. Pursuant to the Act, individual defendants are generally only responsible for their proportionate share of a judgment.
1 cze 2021 · The Superior Court held that the Fair Share Act does not apply unless the plaintiff's negligence is an issue in the case. The court discussed the origins and legislative intent of the Act and its predecessor, Comparative Negligence Act, and its impact on joint and several liability.
28 lut 2022 · The Fair Share Act effectively prevented individuals and businesses who were only partially responsible for an incident to only pay their “fair share” of the damages. However, Spencer v. Johnson reshaped the legal landscape for tort law in Pennsylvania. 249 A.3d 529 (Pa. Super. Ct. 2021).
The Pennsylvania Fair Share Act applies to all cases which “accrue” after August 19, 2002. Thus, any claims with a date of accident/loss of August 20, 2002, or later, must be handled and analyzed under this Act. However, The Act must still withstand constitutional muster with the appellate courts.
1 cze 2014 · In essence, the Fair Share Act changes the rules of joint and several liability. The beneficial application of this Act should be strategically considered throughout the course of multi-defendant litigation. On June 28, 2011, Pennsylvania Governor Thomas Corbett signed The Fair Share Act, 42 Pa.C.S.A. § 7102, into law, drastically changing the ...
26 cze 2024 · A bill pending in the Pennsylvania House of Representatives aims to undo the effects of recent case law significantly restricting the application of the Fair Share Act.
14 mar 2019 · In 2011, Pennsylvania enacted the Fair Share Act, which was remedial legislation designed to mitigate the unfairness of joint and several liability in mass, and other, tort litigation by abrogating joint and several liability in favor of apportionment of shares among multiple defendants, including settled defendants. 1.
