Pa. Justices Rein In Trial Courts' Power To Grant Mistrials

Law360 (July 21, 2020, 10:59 PM EDT) -- Pennsylvania's Supreme Court ruled Tuesday that a trial court overseeing a nursing home injury trial was wrong to declare a mistrial of its own accord, because that power exists only when there's a manifest injustice "of a constitutional or structural nature."

A trial court granted a mistrial of its own accord, or sua sponte, after a verdict was rendered in the case of Elma Betty Temple, a resident of Providence Care Center LLC who had a history of falls and fell again while walking unsupervised by medical staff on a ramp in November 2011. A jury awarded $2 million in compensatory...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!