Pennsylvania Supreme Court Parts Ways With U.S. Supreme Court on Collateral Order Appeals

, The Legal Intelligencer


About five years ago, my colleague Carl Solano and I wrote an article for the Pennsylvania Bar Association Quarterly regarding Pennsylvania’s collateral order doctrine. Among other things, we noted that the Pennsylvania Supreme Court has consistently relied on federal precedents involving the doctrine when construing Pennsylvania’s own version of the doctrine, now codified in Pennsylvania Rule of Appellate Procedure 313. Although this has traditionally been the case, in a significant recent decision involving privilege issues and the collateral order doctrine, the court has expressly rejected the reasoning and holding of a United States Supreme Court decision on the same topic.

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