The two-part article “Dicta, Dicta, Dicta: Innocent Plaintiffs and the Fair Share Act (Part 1/July 21, 2022) and (Part 2/August 4, 2022) reviewed the flawed analysis of the dicta contained in the Pennsylvania Superior Court decision in Spencer v. Johnson, 249 A.3d 529 (Pa. Super. 2021), regarding certain aspects of the Fair Share Act. That flawed dicta involved the court’s passing thoughts on whether the Fair Share Act applies to personal injury cases in which a jury does not assess any percentage of responsibility for the happening of the accident to a plaintiff.

Proving that the review of that flawed dicta in the Spencer decision in the above-referenced article was of merit, attorneys Leonard Sloane and Scott Cooper, members of the plaintiffs bar, felt compelled to respond to the article with their Sept. 8, 2022 article titled “Why ‘Spencer v. Johnson’ Is Precedential and Proper Statutory Construction.”  

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