McBride, a partner in the litigation and appellate department of Lamb McErlane in West Chester, Pa., said in an email that she believes appellate courts have been willing to overturn lower court rulings where procedural missteps put one of the parties out of court, but she added that “the courts’ generosity is not always meted out consistently.” A handful of cases over the past few years have seen Pennsylvania appellate courts taking a stand against the judicial practice of tossing out otherwise meritorious cases on procedural technicalities, but attorneys said it’s still an issue, as both trial and appellate courts continue to battle heavy caseloads.įurthermore, attorneys said, there is a lack of consistency in how much forgiveness appellate courts are willing to extend to parties for procedural errors.
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