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Corman's Legislation to Reenact "Fair Share Act" Clears Senate Committee
HARRISBURG -- A
major step was taken today to reenact a landmark tort reform measure as the
Senate Judiciary Committee unanimously voted out Senate Bill 435, reform of
joint and several liability which was struck down by an earlier court decision,
according to the bill's author Senator Jake Corman (R-34).
In 2002, Senator Jake Corman,
along with Sen. Jeff Piccola and now retired Senator Hal Mowery, led the push to
curb lawsuit abuse and bring fairness, common sense, and economic opportunity to
Pennsylvania. The law of joint and several liability was changed to ensure that
defendants would not be forced to pay the full amount of an award if they were
found to be only partially liable. Instead, their level of responsibility would
determine their maximum percentage payment of an award.
In July of this year, the
Pennsylvania Commonwealth Court ruled that the 2002 law violated the state's
single subject requirement of the state's constitution because the legislation
also included language regarding DNA testing of sexual and violent offenders.
Senator Corman's SB 435
restores the Fair Share Act to statute in a single piece of legislation.
“In 2002, the Fair Share Act
overwhelmingly passed in the General Assembly and became the first significant
civil justice reform enacted in decades,” Corman said. “Again, I have joined
with medical professionals, hospitals, employers and state residents to reenact
this important tort reform measure.”
Senate Bill 435 now goes to
the full Senate for consideration.


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