A series of articles were recently published in The Pennsylvania Law Weekly on the debate over the issues of (1) whether a portion the Pennsylvania Superior Court's decision in Spencer v. Johnson, 249 A.3d 529 (Pa. Super. 2021) on the scope of the Fair Share Act amounted to dicta and, (2) whether the Fair Share Act applied in cases which involved an innocent Plaintiff, i.e., a Plaintiff who is a guest passenger in a car in an accident, a Plaintiff who is subjected to medical malpractice while under anesthesia, etc.
Those articles are, as follows:
"Dicta, Dicta, Dicta: Innocent Victim Plaintiffs and the Fair Share Act (Part 1)" by Daniel E. Cummins. Pennsylvania Law Weekly (July 21, 2022).
"Dicta, Dicta, Dicta: Innocent Victim Plaintiffs and the Fair Share Act (Part 2)" by Daniel E. Cummins. Pennsylvania Law Weekly (August 4, 2022).
"Why 'Spencer v. Johnson' Is Precedential and Proper Statutory Construction" by Scott B. Cooper and Leonard A. Sloane. Pennsylvania Law Weekly (September 8, 2022).
"A Measured Response: Flawed Dicta on Fair Share Act in 'Spencer' Should be Rejected" by Daniel E. Cummins. Pennsylvania Law Weekly (September 29, 2022).
These articles provide an overview of the arguments that may be presented by Plaintiffs and Defendants on the questions presented.
For your review and with the permission of the Pennsylvania Law Weekly, I have compiled these articles in the chronoligical order of their publication dates at this LINK.
Source of image: Photo by Sora Shimazaki on www.pexels.com.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.