Last week, the PA Chamber joined a coalition of business groups, including the National Federation of Independent Business (NFIB) and legal organizations, in filing an amicus brief urging the PA Superior Court to establish clear standards for awarding noneconomic damages in civil cases.

The brief was submitted in the case Paul Gill and Diane Gill v. Shell Oil Company, et al., and raises concerns over the subjective nature of noneconomic damage awards.

According to a story by the Pennsylvania Business Report, “The subjective nature of noneconomic damages allows for arbitrary and excessive jury verdicts that punish small business defendants,” said Beth Milito, vice president and executive director of NFIB’s Small Business Legal Center.

“With the growing phenomenon of cases seeking compensation for inherently subjective noneconomic injuries such as loss of life’s pleasures,” added Milito, “small businesses throughout Pennsylvania are relying on the court to establish guidelines for how these damages are determined.”

Through the filing of this brief, Pennsylvania’s employer advocates are taking a stand against large, unpredictable awards for noneconomic damages, which strain the tort system and have broader legal and social consequences. Issuing clearer standards will help to ensure consistency and fairness.