Earlier this year we blogged about the Pennsylvania Superior Court’s verdict in Roverano v. John Crane, Inc., a landmark ruling that applied the Fair Share Act to asbestos cases. The Roveranos appealed this decision in January 2018, and on July 31, 2018, the Pennsylvania Supreme Court granted that petition for appeal.
The Supreme Court will be reviewing the Superior Court’s determination to apply the Fair Share Act to a strict liability asbestos case. The application of the Fair Share Act to this case per the Pennsylvania Superior Court’s interpretation requires that defendants only be liable for their percentage share of the total liability, and that the plaintiff must disclose settlements with other defendants and bankrupt entities so that the percentage of liability can be applied accurately across defendants.
If this decision is upheld by the Pennsylvania Supreme Court, it would be a significant step towards increased transparency and fairness in asbestos litigation. We will be following this case and will post updates as the case moves forward.
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