A party joined in a case as an involuntary plaintiff is not immune to counterclaims brought by a defendant, the state Superior Court has ruled.
A unanimous three-judge panel of the court ruled Sept. 4 in Altoona Regional Health System v. University Orthopedics Center that case law and the Pennsylvania Rules of Civil Procedure do not bar the counterclaims. The published decision, which was written by Judge David N. Wecht, overturned a trial court’s holding that such claims were not provided for under the law.
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