Casey Alan Coyle ,left, and Edward D. Phillips,right, of Babst Calland. Courtesy photos It's Groundhog Day for Pennsylvania's Fair Share Act
Litigants and practitioners are experiencing déjà vu, as the uncertainty over the scope of the Fair Share Act persists. Will the Pennsylvania Superior Court, sitting en banc, or Pennsylvania Supreme Court break this proverbial time loop like Bill Murray's character did at the end of the film?
May 25, 2023 at 11:38 AM
8 minute read
In 1993, Bill Murray starred in the film Groundhog Day, a comedy about a TV weatherman who becomes trapped in a time loop, forcing him to relive Groundhog Day over and over again. The movie became a common reference during the height of the COVID-19 pandemic as people woke up, realized something was amiss, and then went on with a day that repeated the last. Ever since a two-judge Pennsylvania Superior Court panel issued its decision in Spencer v. Johnson, 249 A.3d 529 (Pa. Super Ct. 2021), Pennsylvania tort law has been caught in what seems to be a never-ending, "Groundhog Day" scenario regarding the scope of the Fair Share Act, 42 Pa.C.S. Section 7102.
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