James M Beck

May 23, 2024 | The Legal Intelligencer

A new trial (whether by motion, necessitated by a mistrial, or ordered on appeal) certainly defeats law of the case. The slate-wiping function of a new trial means that the law-of-the-case doctrine is "misplaced."

By James M. Beck

7 minute read

February 09, 2024 | The Legal Intelligencer

Historically, when a general jury verdict could have been based on either valid or invalid grounds, a new trial was required. In such situations, the jury "may as readily have followed the incorrect as the correct theory, and it is impossible to know which they accepted."

By James M. Beck

7 minute read

November 02, 2023 | The Legal Intelligencer

Pennsylvania appellate courts will count the words of a brief— particularly if provoked by blatant rules violation. Such violations can result in anything from adverse comments in opinions, to (in extreme cases) the entire brief being stricken, or loss of the appeal altogether.

By James M. Beck

6 minute read

May 18, 2023 | The Legal Intelligencer

This article aims to save appellate practitioners time and money by reviewing what nonprivilege questions have recently—post-Dougherty—supported, or not, interlocutory appeals under Rule 313(b)'s collateral order test. It should be emphasized, however, that a party's failure to take an available interlocutory appeal of a collateral order does not waive later objections to that order.

By James M. Beck

8 minute read

February 16, 2023 | The Legal Intelligencer

Would-be appellants' counsel must ensure that whatever orders they intend to challenge are in fact final, in that no "claims" or "parties" remain outstanding. In particular, counsel need to take special care that no "vestigial" claims or parties linger in the weeds of the litigation.

By James M. Beck

8 minute read

November 17, 2022 | The Legal Intelligencer

A recent en banc Pennsylvania Superior Court decision, Gustafson v. Springfield, 282 A.3d 739, (Pa. Super. 2022), produced a sufficiently splintered set of opinions that the end result—a reversal of the trial court's order sustaining preliminary objections—was contrary to the result that would have prevailed by counting judicial noses.

By James M. Beck

9 minute read

August 11, 2022 | The Legal Intelligencer

A relatively new form of waiver is being raised with increasing frequency, and appellate practitioners in Pennsylvania should be aware of it.

By James M. Beck

8 minute read

May 26, 2022 | The Legal Intelligencer

Declaratory judgment actions brought under Pennsylvania's Declaratory Judgments Act, present knotty questions of appealability.

By James M. Beck

6 minute read

February 10, 2022 | The Legal Intelligencer

For appellants, that deadline is "21 days from the date of the appealed order's entry on the docket." The consequences of an untimely filed Rule 1925(b) statement of issues are severe—"any issue not properly included in the statement timely filed and served ... shall be deemed waived."

By James M. Beck

8 minute read

November 11, 2021 | The Legal Intelligencer

When an otherwise controlling decision has language in it that is not essential to the result, that language is "dicta" and not binding—at least most of the time.

By James M. Beck

8 minute read