Rupert, J., Pet v. King, T. ( 2019 )

IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT
JACQUELINE RUPERT, : No. 156 WM 2018
:
Petitioner :
:
:
v. :
:
:
THOMAS W. KING, III, ESQUIRE, DILLON :
MCCANDLESS KING COULTER & :
GRAHAM, LLP. JAY D. MARINSTEIN, :
ESQUIRE AND FOX ROTHSCHILD, LLP, :
:
Respondents :
ORDER
PER CURIAM
AND NOW, this 21st day of February, 2019, the Petition for Permission to Appeal
is GRANTED. The issues on appeal, as framed by Petitioner, are:
1) Is an award of punitive damages against an attorney, as provided for by
the Dragonetti Act, [see 42 Pa.C.S. §8351-8354,] an unconstitutional
infringement upon the Pennsylvania Supreme Court’s power to regulate the
conduct of attorneys?
2) If the answer to the foregoing is in the affirmative, does the immunity from
punitive damages also apply to a plaintiff in an action who is represented by
counsel, who seeks and is denied affirmative relief, but who also happens
to be an attorney?
The Prothonotary is DIRECTED to provide notice of this order to the Office of the
Attorney General. See Pa.R.A.P. 521 (providing that notice is to be given to the Attorney
General that the constitutionality of a statute is in question in an appellate matter).