TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Thursday, July 19, 2018

PA: Federal Judge Blocks PA from Taking Approximately $300M from Med Mal JUA

Judge Christopher Conner has issued a preliminary injunction stopping the Commonwealth of Pennsylvania from absorbing the JUA (and its money) into its Insurance Department.  In May, Judge Conner ruled Pennsylvania could not take $200M from the JUA in an attempt to balance its budget because the money was private property and such a seizure violated the Takings Clause of the United States Constitution.  The current ruling indicates those principles apply equally to an absorption.  The May ruling is on appeal to the Third Circuit.  PennLive has the story.  Thanks to Dan Noon for the tip.

http://lawprofessors.typepad.com/tortsprof/2018/07/pa-federal-judge-blocks-pa-from-taking-approximately-300m-from-med-mal-jua.html

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