Pittsburgh, Pa. (February 25, 2020) - On
February 19, 2020, the Pennsylvania Supreme Court issued a long
awaited opinion in the matter of Roverano v. John Crane,
Inc., No. 26 EAP 2018, No. 27 EAP 2018 (Pa. 2020). The
Court's opinion is a must-read for anyone involved in asbestos
litigation in Pennsylvania.
In Roverano, the Court ruled that
Pennsylvania's Fair Share Act (42 Pa.C.S. § 7102) does not
preempt Pennsylvania common law favoring per capita apportionment
of liability to strict liability defendants. In addition, the Court
ruled that bankruptcy trusts, that are either joined as third-party
defendants or that have entered into a release with the plaintiff,
may be included on the verdict sheet for purposes of liability.
