It's been a great week here in Pennsylvania for business. First, the General Assembly passed House Bill 515 and it is on its way to the Governor for signature (see below) and even though the Governor says he'll veto the bill, there's still cause for celebration. In addition, Senate Bill 435 (Fair Share Act) passed the Senate! That's really not the biggest news on that bill though -- the trial lawyer attempt to water down the bill failed by a vote of 26-24. It doesn't get any closer or any more exciting that that!! Below is the press release the Chamber issued today on the Fair Share Act.
HARRISBURG, PA – The Pennsylvania Chamber of Business and Industry today thanked Senate lawmakers for taking a stand against lawsuit abuse by voting to re-enact the Fair Share Act. “The business community fought tremendous opposition in an effort to restore fairness and common sense to our legal system, and we won round one,” said Jim Welty, PA Chamber vice president of legislative and corporate affairs. “Inequities in our legal system are just another burden facing job creators; one more factor that has the potential to send job opportunities elsewhere. Improving our legal climate through the repeal of the unfair legal doctrine of joint and several liability sends the right message to job creators that we welcome their presence in Pennsylvania.”
A trial lawyer supported amendment designed to water down Senate Bill 435, the proposed Fair Share Act, failed by a vote of 24-26 before the bill passed the Senate by a vote of 32-18. The law will create a legal system that is fair to both plaintiffs and defendants, holding business responsibly only for the harm it caused and preventing lawyers in personal injury lawsuits to go after companies with “deep pockets.”
This legislation was originally enacted in 2002 through a bipartisan effort. However, House Democratic leaders challenged the law, and this year, Commonwealth Court overturned it based on a procedural error in its passage in 2002. The merits of the law were never in question.
“Repealing joint and several liability was a difficult fight in 2002, and getting the Fair Share Act back on the books as originally passed will be no less of a challenge,” Welty said. “Opponents will attempt to undermine the effort to restore fairness, common sense and personal responsibility to our legal system every step of the way.”
Welty said the PA Chamber and its more than 12,000 members would remain a visible force in ensuring that joint and several liability is repealed for good, as lawmakers from both sides of the aisle set out to do in 2002.
“Many members of Senate sent a clear message that they are not willing to surrender to special interests that reap the benefits of a costly and out-of-control legal system,” Welty said. “The Chamber strongly urges pro-jobs lawmakers in the House to do the same by passing Senate Bill 435 without amendment.”
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