Motions Not Coated By Atty Liability Regulation, Pa. Justices Say

Melissa M. Munoz

Legislation360 (December 22, 2020, 9:17 PM EST) — Post-trial motions for contempt and sanctions — even involving $1 million in penalties that briefly froze a Philadelphia protection attorney’s financial institution accounts — are not a foundation for suing for wrongful use of civil proceedings beneath Pennsylvania legislation, the state’s Supreme […]

Legislation360 (December 22, 2020, 9:17 PM EST) — Post-trial motions for contempt and sanctions — even involving $1 million in penalties that briefly froze a Philadelphia protection attorney’s financial institution accounts — are not a foundation for suing for wrongful use of civil proceedings beneath Pennsylvania legislation, the state’s Supreme Courtroom ruled Tuesday.

The courtroom dominated 5-2 that write-up-demo motions, these as the finally dismissed sanctions in opposition to legal professional Nancy Raynor, are not protected by Pennsylvania’s Dragonetti Act, which permits functions to sue lawyers for frivolous civil litigation, because they did not suit the Judicial Code’s definition of “civil proceedings” on their have.

“Intra-circumstance filings, these types of as the topic put up-trial movement for…

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