The Bert Company v. Turk, M.
This text of The Bert Company v. Turk, M. (The Bert Company v. Turk, M.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT
THE BERT COMPANY D/B/A : No. 320 WAL 2021 NORTHWEST INSURANCE SERVICES : : : Petition for Allowance of Appeal v. : from the Order of the Superior Court : : MATTHEW TURK, WILLIAM COLLINS, : JAMIE HEYNES, DAVID MCDONNELL, : FIRST NATIONAL INSURANCE AGENCY, : LLC, FIRST NATIONAL BANK, AND FNB : CORPORATION : : : PETITION OF: MATTHEW TURK, FIRST : NATIONAL INSURANCE AGENCY, LLC, : FIRST NATIONAL BANK, AND FNB : CORPORATION :
THE BERT COMPANY D/B/A : No. 321 WAL 2021 NORTHWEST INSURANCE SERVICES : : : Petition for Allowance of Appeal v. : from the Order of the Superior Court : : : MATTHEW TURK, WILLIAM COLLINS, : JAMIE HEYNES, DAVID MCDONNELL, : FIRST NATIONAL INSURANCE : AGENCY, LLC, FIRST NATIONAL BANK : AND FNB CORPORATION : _________________________________ : : MATTHEW TURK : : : v. : : : THE BERT COMPANY, NORTHWEST : BANK, AND NORTHWEST BANCSHARES, : INC. PETITION OF: MATTHEW TURK, FIRST : NATIONAL INSURANCE AGENCY, LLC, : FIRST NATIONAL BANK, AND FNB : CORPORATION :
ORDER
PER CURIAM
AND NOW, this 29th day of March, 2022, the Petition for Allowance of Appeal is
GRANTED, limited to the following issues, as phrased by Petitioners:
a. Whether, in cases where the compensatory damages award is substantial, a punitive-to-compensatory damages ratio exceeding 9:1 is presumptively unconstitutional under U.S. Supreme Court precedent?
b. Whether in cases involving joint and several liability—where compensatory damages are awarded, cumulatively, against all defendants and not on an individualized basis—the constitutionally permissible ratio of punitive-to- compensatory damages is calculated on a per-judgment basis and not a per-defendant basis?
c. Whether, in reviewing the constitutionality of a punitive damages award, a court cannot consider the speculative potential harm that the plaintiff could have suffered and introduce it as a post hoc justification for the award, especially when the plaintiff did not present evidence of potential harm to the jury?
In all other respects, the petition is DENIED. Additionally, the PCCJR’s application
to file an amicus brief in support of granting allowance of appeal is dismissed as moot.
[320 WAL 2021 and 321 WAL 2021] - 2
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