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News

Governor Vetoes
Senate Bill 435.

Debate Over Joint and Several Liability Remains Unsettled

Governor Rendell assured that victims of serious injuries in Pennsylvania will be able to continue to obtain just compensation for the injuries by vetoing Senate Bill 435 on March 24, 2006.  Under Senate Bill 435, 42 Pa.C.S.A. §7102 would have been amended to preclude the imposition of joint and several liability except under certain narrow exceptions.  The exceptions would have been limited to (1) Intentional misrepresentation, (2) Intentional Torts, (3) Defendants who are responsible for more than 60% of the total liability, (4) Release of a hazardous substance, and (5) Certain Liquor Code violations.

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Court News

FEDERAL COURT NEWS
Federal Court Implements Court-Wide ADR:  Local Rule 16.2 for the United States District Court for the Western District of Pennsylvania has been amended to make Alternative Dispute Resolution (ADR) applicable to all litigants in civil cases.  Read More.

state COURT NEWS
Sackett v. Nationwide Mutual Insurance Company:  On Oct. 16, 2007 the Supreme Court of Pennsylvania heard reargument in the matter of Sackett v. Nationwide Mutual Insurance Co.  (hereinafter referred to as “Sackett I”).  On Dec. 27, 2007 the Supreme Court of Pennsylvania modified the original opinion of Sackett I to hold that “…the extension of coverage under an after-acquired-vehicle provision to a vehicle added to a pre-existing multi-vehicle policy is not a new purchase of coverage for purposes of Section 1738(c), and thus, does not trigger an obligation on the part of the insurer to obtain new or supplemental UM/UIM stacking waivers. Read More.