Pa. High Court Leaves Atty Liability Law Open To Challenges
Law360, Philadelphia (April 27, 2017, 8:29 PM EDT) -- The Pennsylvania Supreme Court just upheld a law allowing attorneys to face civil liability for frivolous litigation, but experts say the ruling could inspire new challenges after the justices raised questions about both the availability of punitive damages under the statute and the standard for bringing claims.
The court's 5-1 decision on Wednesday rejected a challenger's arguments that the so-called Dragonetti Act interfered with the judiciary's exclusive authority under the Pennsylvania Constitution to set rules governing the practice of law.
But even as the justices refused to grant what they termed "generalized attorney immunity" to claims under the decades-old statute, they suggested...
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