• PA Supreme Court to Determine Whether Fair Share Act Applies to Asbestos Cases
  • August 15, 2018 | Author: Gregory M. McNamee
  • Law Firm: Goldberg Segalla LLP - Philadelphia Office
  • On July 31, 2018, the Pennsylvania Supreme Court granted William Roverano’s petition for allowance of appeal from the Superior Court’s December 2017 ruling that the Pennsylvania Fair Share Act applied to asbestos strict liability claims. Specifically, the court accepted review of two issues:

    1. Whether, under this issue of first impression, the Superior Court misinterpreted the Fair Share Act 42 Pa.C.S. 7102 in holding that the Act requires the jury to apportion liability on a percentage basis as opposed to a per capita basis in this strict liability asbestos case?
    2. Whether, under this issue of first impression, the Superior Court misinterpreted the Fair Share Act in holding that the Act requires the jury to consider evidence of any settlements by the plaintiffs with bankrupt entities in connection with the apportionment of liability amongst joint tortfeasors?
    As explained in our previous post on this case , the trial court initially ruled that the Fair Share Act, implemented in 2011, does not apply to strict liability asbestos claims. The Superior Court in 2017 explained that the “Fair Share Act explicitly applies to tort cases in which ‘recovery is allowed against more than one person, including actions for strict liability.'”