Perhaps unsurprisingly for plaintiffs’ and defense attorneys who have been following the ongoing saga related to statutory damages caps, the Pennsylvania Supreme Court granted an appeal in Freilich v. SEPTA, 302 A.3d 1261...more
In a much anticipated ruling, the U.S. Supreme Court vacated a Pennsylvania Supreme Court opinion that prohibited an out-of-state plaintiff from suing an out-of-state defendant for out-of-state behavior. While the decision in...more
For over 40 years, Pennsylvania law has limited monetary damages recoverable for tort liability from Commonwealth agencies and local government entities. Under 42 Pa. C.S.A. § 8528, damages recoverable against a Commonwealth...more
It has been almost seven years since Tincher v. Omega Flex Inc. was decided by the Pennsylvania Supreme Court. The Tincher court left much unanswered but called on Pennsylvania’s lower courts, the legal academy and the bar to...more
Pennsylvania law limits the amount of damages recoverable in tort actions against Commonwealth agencies and local agencies under the Sovereign Immunity Act and the Political Subdivision Tort Claims Act, respectively. Pursuant...more
The Pennsylvania Political Subdivision Tort Claims Act (PSTCA), 42 Pa. C.S.A. §§ 8541, et seq. generally provides local governmental agencies in Pennsylvania with qualified immunity for tort liability. However, this statute...more
Due to the groundbreaking nature of the Superior Court of Pennsylvania’s opinion in Roverano v. John Crane, Inc., it is unsurprising that the Supreme Court of Pennsylvania has now agreed to review the Fair Share Act’s impact...more