FAIR SHARE ACT RULING BEING APPEALED (08/08/05)

We recently advised you of a ruling by the Pennsylvania Commonwealth Court declaring the Fair Share Act unconstitutional. We have just learned that the Pennsylvania Attorney General has filed an appeal from that ruling. Because the Attorney General is a state official, the appeal acts as an automatic stay of the Commonwealth Court ruling. The legislative defendants have also appealed. The Pennsylvania Defense Institute -- a membership organization of approximately 1,000 lawyers, executives of insurance companies, self-insurers, and independent adjusters from across the state -- plans to file an amicus brief in support of the Attorney General.

Given the above, the Fair Share Act still remains in effect and continues to operate as a defense in appropriate cases.