The Dragonetti Act provision that provides for an award of punitive damages does not violate Pennsylvania’s Constitution.

The Pennsylvania Superior Court, in a non-precedential decision, has upheld a verdict in which a jury awarded a plaintiff punitive damages in a wrongful use of civil proceedings action brought under 42 Pa. C.S. §8351, et seq. (Dragonetti Act). Section 8353 of the Act specifically provides for an award of punitive damages in appropriate cases; however, that provision was called into question by the Pennsylvania Supreme Court via dicta in the matter of Villani v. Seibert, 159 A.3d 478 (Pa. 2017). The Villani court did not rule on the issue; however, it concluded that a challenge to a punitive damages award could be warranted because the Pennsylvania Constitution vests the authority to discipline Pennsylvania attorneys with the Pennsylvania Supreme Court, not the Pennsylvania legislature.

The Rubin decision puts to rest the notion that the provision in the Dragonetti Act that provides for an award of punitive damages violates Pennsylvania’s Constitution, at least until the challenge is brought before the Pennsylvania Supreme Court.
 

_{Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2023 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.}