A Philadelphia trial judge said he didn’t run afoul of appellate procedural rules when certifying for interlocutory appeal the “important question” of whether same-sex partners can assert loss of consortium claims.
Defendant Temple University Health System argued Philadelphia Court of Common Pleas Judge Gregory E. Smith lost his ability to certify the question for appeal when he failed to grant the plaintiff’s motion before the 30-day deadline required under Pa.R.A.P. 1311(b). The defendants filed a motion to strike or vacate Smith’s certification order.
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