The National Federation of Independent Business (NFIB) has submitted an amicus brief in the case of Paul Gill and Diane Gill v. Shell Oil Company, et al., currently before the Superior Court of Pennsylvania. The focus of this legal action is on establishing clear criteria for assessing noneconomic damages awards to ensure fairness and consistency.
Beth Milito, Vice President and Executive Director of NFIB’s Small Business Legal Center, stated, "The subjective nature of noneconomic damages allows for arbitrary and excessive jury verdicts that punish small business defendants." She emphasized the need for guidelines as small businesses in Pennsylvania face cases seeking compensation for subjective noneconomic injuries like loss of life’s pleasures.
In its brief, NFIB presents two primary arguments: first, that large noneconomic damages awards are increasingly burdening the tort system with significant legal and social consequences; second, that the court should implement appropriate limitations on these awards.
The brief was filed alongside several organizations including the United States Chamber of Commerce, the Pennsylvania Chamber of Business and Industry, and others concerned with civil justice reform and insurance matters.
NFIB's Small Business Legal Center is actively involved in protecting small business owners' rights across various courts nationwide, including more than 40 cases at both federal and state levels.
