PA COURT DECISION WILL LEAD TO OUT-OF-CONTROL LITIGATION COSTS

Washington, DC, July 27, 2005 -- A decision yesterday by the Pennsylvania Commonwealth Court could open the door for more out-of-control litigation costs, according to the American Tort Reform Association (ATRA). The court struck down the state’s 2002 “Fair Share Act,” which prevented the use of joint and several liability when deciding damages in a case.

“The rule of joint and several liability is neither fair, nor rational, because it inequitably distributes damages among defendants in a case,” said ATRA President Sherman Joyce. “Reintroducing this rule to the civil justice system will lead to more outrageous litigation costs for businesses and medical professionals, creating harmful effects for the state’s economy and access to healthcare.”

Joint and several liability allows a plaintiff to collect damages from multiple defendants either collectively or individually, meaning that a defendant who shares only a small percentage of the liability could be required to pay 100 percent of the damages, if the other defendants in the case are unable to pay.

According to the Commonwealth Court, the 2002 law violated the state’s constitutional single subject requirement because it was inserted into legislation amending DNA detection of sexual and violent offenders. Some state elected officials have indicated that a new version of the Fair Share Act could be introduced in the legislature this fall.

“The Court’s decision represents a set-back in Pennsylvania’s civil justice reform efforts. We urge state elected officials, along with the business and medical communities, to continue their push toward a more fair litigation environment,” Joyce said.

Personal injury lawyers have employed a national strategy that targets civil justice reforms for repeal. This strategy, called “judicial nullification,” undermines the legislative system by enticing activist judiciaries to use malleable provisions of state constitutions to undo reasonable public policy decisions dealing with tort law made by elected representatives. More than 93 civil justice reform statutes have been struck down, in whole or in part, in at least 28 states since 1983.

“Judicial nullification undermines the fundamental constitutional principle of the separation of power among the executive, legislative and judicial branches of government,” said Joyce.

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The American Tort Reform Association (ATRA) is the only national organization dedicated exclusively to tort and liability reform through public education and the enactment of legislation. ATRA's membership includes non profits, small and large companies, as well as state and national trade, business, and professional associations.