On the Pulse… Marshall Dennehey Is Happy to Celebrate Our Recent Appellate Victories*

Defense Digest, Vol. 25, No. 1, March 2019

John Hare (Philadelphia, PA) filed an amicus curiae brief for the Pennsylvania Defense Institute urging the Pennsylvania Supreme Court to reverse two lower court decisions that deprived the defendant school district of the ability to challenge, on the merits, an injunction related to the district’s collection of school taxes. The Supreme Court unanimously reversed the lower courts and ordered them to address the district’s challenge to the injunction. Wolk v. Sch. Dist. of Lower Merion, 2018 Pa. LEXIS 6425 (Pa., Dec. 11, 2018).

Audrey Copeland (King of Prussia, PA) convinced the Third Circuit Court of Appeals to affirm the Eastern District Court’s order dismissing the complaint of the plaintiff, a former township tax collector, which asserted claims against public officials concerning his removal from office and their alleged interference with his duties. The court reasoned that Younger abstention was proper and the plaintiff’s claims were otherwise insufficient to withstand dismissal under Fed. R. Civ. P. 12(b)(6) where the alleged “conspiracy” by the defendants was a lawful state mandamus action to compel him, as an elected official, to perform his duties as required by state and local law. Cutler v. Green, et al, 2018 U.S. App. LEXIS 30668 (Oct. 30, 2018).


Defense Digest, Vol. 25, No. 1, March 2019. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal 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. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2019 Marshall Dennehey Warner Coleman & Goggin. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.