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PENNSYLVANIA RECORD

Wednesday, April 24, 2024

Underwriting association claims law passed by Gov. Wolf allows seizure of property

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SCRANTON — A non-profit organization is suing Pennsylvania Gov. Tom Wolf, citing alleged breach of duty, contract clause violation and unconstitutional taking.

Pennsylvania Professional Liability Joint Underwriting Association filed a complaint June 28 in the U.S. District Court for the Middle District of Pennsylvania, alleging that Wolf and other commonwealth officials passed a law that calls for seizure of JUA's assets.

According to the complaint, Act 41 allows the defendants to claim ownership and control of JUA's assets without dues process. 

The plaintiff alleges that the defendants deprived it of its vested property rights, as guaranteed under the U.S. Constitution.

The plaintiff requests a trial by jury and seeks an injunction against enforcement of Act 41 on the grounds that it violates the Constitution, as well as an award of all fees and costs and other relief the court deems just. It is represented by Kevin McKeon, Dennis Whitaker and Melissa Chapaska of Hawke McKeon & Sniscak LLP in Harrisburg, Pennsylvania.

U.S. District Court for the Middle District of Pennsylvania case number 1:18-cv-01308-CCC

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