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Asbestos Transparency at Stake in Roverano Case: PCCJR and Amici Urge Supreme Court to Update Application of Fair Share Act
The Pennsylvania Coalition for Civil Justice Reform has signed on to an amicus brief filed with the Pennsylvania Supreme Court in Roverano v. John Crane, Inc. PCCJR and the other amici, ask the Supreme Court to uphold the Superior Court’s finding that the Fair Share Act applies to strict liability asbestos cases and that all bankruptcy trusts with whom the plaintiff has settled must appear on the verdict sheet for purposes of apportioning liability under the Fair Share Act.
Passed in 2011, the Fair Share Act apportions liability according to fault unless a defendant is sixty percent or more at fault. In a sixty percent plus liability situation, the defendant can be required to pay the entire verdict.
In Roverano, the plaintiff sued numerous defendants in an asbestos action. Several defendants asked the court to apportion damages according to the extent to which each defendant caused harm. The trial judge, saying he had never heard of asbestos liability being “quantified,” determined that the Fair Share Act did not apply to this case. [Read more…] about PCCJR Update – November 29, 2018