In a closely watched case that is likely to provide needed guidance to courts and litigators on how to apply the Fair Share Act in a strict liability setting, the Pennsylvania Supreme Court has ruled that the FSA does not require percentage apportionment of liability in strict liability cases.

The high court also ruled that bankruptcy trusts that are either joined as third-party defendants or that have entered into a release with the plaintiff can be included on the verdict sheet for purposes of apportioning liability only.