James M Beck, with Reed Smith. Courtesy photo What Happens When Precedent Splinters? A Look at 'Gustafson'
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.
November 17, 2022 at 11:52 AM
9 minute read
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. This remarkable result warrants discussion, and perhaps a change to the Superior Court's internal operating procedures.
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