SENATE REVIVES ‘FAIR SHARE’ REFORM:

The Pennsylvania state Senate has voted to restore the “Fair Share Act” lawsuit reform in a 32-18 vote. State Sen. Jake Corman (R-34), the bill’s author, said that Senate Bill 435 brings Pennsylvania in line with lawsuit reform passed in 44 other states by eliminating “joint and severability” in cases where a defendant is found to be less than 60 percent responsible.

Pennsylvania enacted similar reform in 2002, but 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. Sen. Corman’s Senate Bill 435 restores the Fair Share Act to statute in a single piece of legislation. Senate Bill 435 provides that a defendant only is responsible for its proportionate share, said Corman. Senate Bill 435 is now in the House of Representatives.