Pa. High Court Agrees to Take Up Challenge to State Damages Cap | The Legal Intelligencer

















SEPTA bus in downtown Philadelphia. Credit: Tupungato/Shutterstock.com

NEWS

“The Supreme Court’s allowance of appeal represents a significant moment in the effort to overturn the unjust and unconstitutional limitation on recovery against the commonwealth,” the plaintiff’s lawyers said in a joint statement.

March 11, 2024 at 03:47 PM

3 minute read

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What You Need to Know

  • The Pennsylvania Supreme Court agreed to take up a challenge to a cap on damages against state agencies.
  • Lower courts have rejected the challenge but expressed concerns about the cap’s fairness.
  • The case is part of a long-running effort from the plaintiff’s attorneys to dismantle the statutory liability caps.

A long-running challenge to Pennsylvania’s state damages cap is headed to the high court.

The Pennsylvania Supreme Court on Monday granted an appeal in Freilich v. SEPTA, agreeing to consider whether the $250,000 limit on damages against state agencies is constitutional.

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