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.
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