UPDATE: Fair Share Act Passes General Assembly, Heads to Govenor Corbett
As expected, the Pennsylvania House today approved landmark liability reform legislation that passed the Senate last Wednesday. The measure now moves to Governor Corbett’s desk, and he is expected to quickly sign it into law.
As discussed in previous posts, the Fair Share Act limits liability for defendants found less than 60 percent responsible to the amount of their assessed liability, with a few narrow exceptions. Under existing law, if a liable defendant fails to pay his share of a legal award, any remaining liable defendant(s) is required to assume the unsatisfied portion to the plaintiff in addition to their assessed percentage of the award. Passage of the Act brings Pennsylvania in line with approximately 40 other states who have already passed similar reforms.
Today marks the third time in the last nine (9) years that the Fair Share Act has passed the General Assembly. This time, however, it will be greeted by a friendly governor and holds no apparent basis for constitutional challenge.