Judge declares Fair Share Act unconstitutional

by Scott B. Cooper, Esq.

(7/27/2004) -- On July 20, 2023 Judge Lynn in the Court of Common Pleas of Philadelphia County wrote an opinion declaring the new Several Liability Law (60% rule/Fair Share Act) unconstitutional. The opinion is attached below (click on Related File). It is a products liability decision but would apply in an auto case. The Defendant sought an immediate Petition for Review to the Superior Court, which referred it to the Pennsylvania Supreme Court. Thus, this could become the case which the Court uses to determine whether to set the law aside as a result of the General Assembly violating the single subject rule.

Scott Cooper is a partner in the Harrisburg law firm of Schmidt, Ronca & Kramer, P.C.

Related Files

Fair Share Act opinion from 7_20_2004