On September 28, 2006, in a Per Curiam order, the Pennsylvania Supreme Court affirmed the Commonwealth Court's holding in Deweese v. Weaver, which held that the 2002 Fair Share Act was unconstitutional as violative of the legislative "single subject rule". Similarly, the Pennsylvania Supreme Court also affirmed the Philadelphia Court of Common Pleas holding in Hicks v. Dana Corporation which also determined the Fair Share Act to be unconstitutional.

These orders officially return Pennsylvania tort law to pre-Fair Share Act joint and several liability for tort defendants. Therefore, in cases with two or more joint tortfeasors, the plaintiff is free to collect the entire verdict from any single liable defendant, even if that defendant is only deemed to be nominally liable in the matter. A joint tortfeasor’s only recourse for being forced to pay more than its proportionate share of the verdict is to seek contribution from any other joint tortfeasor(s) for their pro rata share of the verdict, to the extent possible.

The Pennsylvania defense community continues to work with legislators and the governor's administration in an effort to pass legislation that will replace the outdated joint and several system with legislation that is fair and will pass constitutional scrutiny. Deasey Mahoney & Bender will continue to keep you advised of any future developments on this topic.

If you should require any additional information about this, or any other aspect of Pennsylvania tort law, please feel free to contact us in our Philadelphia offices at (215) 587-9400.