Fair Share Act Again Unconstitutional

The Pennsylvania Supreme Court affirmed a lower unit ruling that the Fair Share Act is unconstitutional. The Fair Share Act could only allow for a portion of a verdict to be paid by any one defendant if that defendant was found to be 60% or  more liable for the verdict. Prior to that, and now because of the veto of Governor Rendell to a similar bill, any defendant may be liable to pay for the entire verdict irrespective of its percentage of the verdict. This is good news for patients who may have a case against multiple defendants in a motor vehicle accident, where one of the defendants was uninsured and another defendant had insurance.


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