Two cases were decided recently in which PCCJR participated through filing amicus briefs, otherwise know as “friend of the court” briefs.
We are pleased to report that the Pennsylvania Superior Court upheld the trial court’s decision to transfer venue in Dockery vs. Thomas Jefferson Hospital. At issue was the constitutionality of Pennsylvania’s Medical Liability Venue Statue and the Medical Liability Venue Rule. The Superior Court decision, while not directly on the merits, leaves the medical liability venue rule and statute standing. The Superior Court decision is a victory against allowing venue shopping to return to medical liability cases. The plaintiff has until March 24 to file an appeal with the Pennsylvania Supreme Court.
In Gregg vs. Ameriprise, the Pennsylvania Supreme Court issued a 4-3 decision holding for the first time that “state of mind” or intent is irrelevant under the “catch-all” provision of the Unfair Trade Practices and Consumer Protection Law. This ruling comes even though the provision expressly requires proof of “fraudulent or deceptive conduct.”
Under a new “strict liability” standard, any deceptive conduct that creates a likelihood of confusion or misunderstanding for a consumer is actionable under the “catch-all” provision, regardless of whether such conduct is committed intentionally (as in a fraudulent misrepresentation), carelessly (as in a negligent misrepresentation), or with the utmost care (as in strict liability). This decision is expected to open the litigation floodgates as mere buyers remorse will now be cause to sue, should a plaintiff allege they did not understand a transaction.
To learn more about PCCJR’s amicus brief efforts and cases’ current status, visit the amicus brief landing page on our website.