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The Pennsylvania Supreme Court held that a plaintiff asserting a claim against an attorney for wrongful use of civil proceedings pursuant to 42 PA. C.S. 8351, et seq. Is not required to file a certificate of merit in accordance with PA. R. C. P. 1042.3.

April 1, 2011
Sabella v. Milides, 992 A.2d 180 (Pa. Super. Ct. 2010)

Previously there had been disagreement as to whether a plaintiff was required to file a Certificate of Merit at the pleadings stages of a case in which the plaintiff alleges that an attorney wrongfully initiated or continued civil proceedings against the plaintiff. The holding in Sabella, however, establishes that a plaintiff is only required to file a Certificate of Merit in cases brought against an attorney defendant where the attorney had previously represented the plaintiff.

Case Law Alert - 2nd Qtr 2011

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Aaron E. Moore
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