Pennsylvania Superior Court Rules, Inter Alia, No Right to Offset for Bankruptcy Trust Claims Superior Court of Pennsylvania, April 17, 2015

The Superior Court of Pennsylvania recently reviewed on appeal a variety of post-trial issues in two mesothelioma cases that went to trial in the Philadelphia Court of Common Pleas. Of particular interest is the court’s refusal to permit defendants to offset payments received from settling non-party tort feasors, which included bankruptcy claim payments. The basis for the court’s decision is that the jury did not find that the other parties were joint tort feasors. The court described a defendants’ burden on this issue as follows:…
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Statute of Limitation in Wrongful Death Action Held to Have Commenced at Time of Decedent’s Diagnosis Superior Court of Pennsylvania, March 19, 2015

The administratrix of the decedent’s estate appealed the lower court’s time-barred dismissal of the wrongful death action she commenced on behalf of the decedent, who was diagnosed with mesothelioma on June 17, 2011 and died on July 9, 2012. The action was commenced on January 9, 2014, which was more than two years after the mesothelioma diagnosis, but less than two years after the decedent’s death. The court, in its analysis of the subject Pennsylvania statute of limitations, found that the time to file an…
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