Philadelphia partner Alicia Hickok was quoted in Law360 in an article titled, “Pennsylvania Attorneys Could Face More Suits over Frivolous Filings.”
The article discussed a case stemming from the infamous "kids for cash" judicial bribery scandal, in which a person that was dismissed from an action early on and never brought back in had filed a Dragonettti that was dismissed on preliminary objections. The plaintiff, Zappala, argued that the dismissal without prejudice was a favorable termination on the merits, but the Superior Court agreed that he had failed to state a claim. In the Supreme Court, he Pennsylvania Bar Association filed an amicus brief asking the court to adopt a bright-line rule dictating that voluntary discontinuance of a proceeding prior to the filing of an answer or other responsive pleading could never be considered grounds for a Dragonetti Act case. Alicia observed that that rule went too far, and that the Superior Court had properly found that whether a Dragonetti claim was stated depended on the facts of the case.
To read the entire article, click here.