Pa. Asbestos Ruling Ignores Science And Hurts Defendants

Law360 (March 31, 2020, 11:58 AM EDT) -- On Feb. 19, the Supreme Court of Pennsylvania issued a long-awaited decision in Roverano v. John Crane Inc., addressing a jury's apportionment of liability on a percentage basis in strict liability asbestos cases and the inclusion of bankrupt entities on the verdict sheet.

In its 39-page opinion, the court held that Pennsylvania's Fair Share Act requires liability to be apportioned equally among strictly liable joint tortfeasors (i.e., on a per capita basis), and that the act permits the inclusion of bankrupt entities on the verdict sheet ― assuming appropriate requests and proofs are made ― if the bankrupt entity was either...

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