Giving Genuardi’s a new chance to challenge an $18.5 million judgment, the state Supreme Court on Friday decided a party should not lose its right to appeal for failure to file post-trial motions after a ruling on remand.
The procedural issue in Newman Development Group of Pottstown v. Genuardi’s Family Markets has been closely watched by attorneys across the state and drew amicus briefs from bar associations, the Pennsylvania Association for Justice and former state appeals court judges, all of which said the Superior Court was wrong to throw out Genuardi’s appeal of a multimillion-dollar judgment based on what they said was an unclear rule.
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