Tuesday, October 23, 2007

Pennsylvania Tort Reform Package

Republicans in the Pennsylvania House have announced a massive tort reform package.  According to the press release, the proposed legislation includes the following reforms:

  • Proposing a constitutional amendment to allow the General Assembly to establish caps on attorney fees in liability cases.
  • Establishing a progressive statutory framework for limitations on attorney fees in liability cases.
  • Proposing a constitutional amendment to allow the General Assembly to establish caps on non-economic damages in liability cases.
  • Setting limitations on the recovery of punitive damages.
  • Restricting liability with respect to innocent sellers, and where product misuse has occurred.
  • Amending the comparative negligence statute to establish that each defendant found negligent or strictly liable for an injury to a plaintiff will be responsible for only his or her share of the total damages awarded to compensate a plaintiff for any injuries sustained.
  • Requiring a plaintiff filing a liability action to include with the complaint a certificate of merit as prescribed by court rules, including a statement that the plaintiff suffers from a serious injury. 

- SBS

http://lawprofessors.typepad.com/tortsprof/2007/10/pennsylvania-to.html

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