HARRISBURG, Pa. (June 24, 2025) – NFIB filed an amicus brief in the case Paul Gill and Diane Gill v. Shell Oil Company, et al. at the Superior Court of Pennsylvania. The case concerns the need for clear and comprehensive criteria to guide the assessment of noneconomic damages awards, ensuring fairness and consistency.

“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, small businesses throughout Pennsylvania are relying on the Court to establish guidelines for how these damages are determined.”

NFIB’s brief argues two main points: 1) Large noneconomic damages awards are a growing strain on the tort system and have significant and lasting legal and social consequences, and 2) The Court should set appropriate guardrails on the imposition of large noneconomic damages awards.

NFIB filed the brief with the United States Chamber of Commerce, the Pennsylvania Chamber of Business and Industry, the Pennsylvania Coalition for Civil Justice Reform, the American Property Casualty Insurance Association, Insurance Federation of Pennsylvania, the Pennsylvania Manufacturers’ Association, and the Washington Legal Foundation.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.