Quality healthcare is vital to our families and communities. Frivolous lawsuits threaten the availability of healthcare through increased medical liability costs and doctors being forced to practice defensive medicine. Predatory tactics of aggressive out-of-state lawyers threaten the existence of Pennsylvania’s elder care in long-term and skilled nursing facilities. Fairness demands a balance that protects patients and the heroes who care for them.
Pennsylvania voters have spoken. Voters approved all four statewide ballot questions and we now know what the Republican and Democrat fields will look like in the appellate court races this fall. Also decided were four special elections, two in the House and two in the Senate. Here is a full accounting of the unofficial election results:Read Now
Spencer vs. Johnson
The brief requests a reargument before an en banc panel of the Superior Court to overturn a decision of a Superior Court panel. The Court’s opinion in Spencer v Johnson concluded that the Fair Share Act’s provision apportioning damages based on the percentage of a defendant’s fault does not apply unless the plaintiff in the case is contributorily negligent. The court wrongly concluded that the Fair Share Act does not apply if the plaintiff has zero negligence.
Status: PCCJR’s application for leave to file an amicus brief requesting an en banc rehearing by the Superior Court was denied
Commonwealth of Pennsylvania v. Chesapeake Energy Corporation
(1) Are claims by the commonwealth, brought on behalf of private landowners against natural gas extractors alleging that the extractors used deceptive, misleading, and unfair tactics in securing natural gas leases from landowners, cognizable under the Unfair Trade Practices and Consumer Protection Law? (2) May the commonwealth pursue antitrust remedies under the Unfair Trade Practices and Consumer Protection Law? Update: The court agreed with PCCJR's position that the UTPA and CPL does not protect sellers
Status: Opinion issued on March 24, 2021
Pandemic Liability Protections — House Version
Bill #HB 605
HB 605 provides for limited COVID-19-related liability to manufacturers and others who provide Personal Protective Equipment (PPE), certain medical services, and who have opened up their businesses and followed CDC guidelines.
Passed the House on April 6, 2021 by a vote of 107 to 94; referred to Senate Judiciary
Pandemic Liability Protections — Senate Version
Bill #SB 273
SB 273 provides for limited COVID-19-related liability to manufacturers and others who provide Personal Protective Equipment (PPE), certain medical services, and who have opened up their businesses and followed CDC guidelines.
Referred to Senate Judiciary
Lawyers Attempting To Get Documents They Aren’t Entitled To
Bill #HB 161
HB 161 would allow Department of Health surveys and inspections to be used in civil cases involving care of patients.
Referred to House Health Committee