Pa. Justices OK Evenly Splitting Strict Liability Verdicts

Law360 (February 19, 2020, 6:09 PM EST) -- The Supreme Court of Pennsylvania ruled Wednesday that a state law abolishing joint and several liability in many tort cases didn't apply to strict liability cases like asbestos lawsuits, which could continue splitting damages evenly across multiple defendants.

The court majority agreed that the Fair Share Act of 2011, which required juries on many cases with multiple defendants to determine each party's proportionate share of the blame, did not preempt Pennsylvania's common law practice of dividing liability per capita — or evenly among joint defendants — especially in asbestos cases where it was impossible for experts, let alone jurors, to decide...

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