TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Tuesday, May 22, 2018

PA: State Cannot Seize $200M from JUA to Balance Budget

Pennsylvania, facing a large budget deficit, attempted to take $200M from a state-created joint underwriting association for medical malpractice insurance.  The state passed a law requiring the JUA to give up $200M of its $268M surplus by December 1, 2017 or be dissolved.  Judge Christopher Conner of the Middle District of Pennsylvania issued a preliminary injunction to halt the dissolution.  Stating the money was private property, Judge Conner has held that the transfer is a seizure of property without compensation and is unconstitutional.  

https://lawprofessors.typepad.com/tortsprof/2018/05/pa-state-cannot-seize-200m-from-jua-to-balance-budget.html

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