Attorney Alan B. Epstein and his firm, Spector Gadon & Rosen, have filed a federal civil rights suit alleging that the Pennsylvania Superior Court violated their due process rights when it dismissed their appeal of a $1.7 million judgment against them on the grounds that they had raised too many appellate issues.
The suit was filed by attorneys Richard A. Sprague, Joseph R. Podraza Jr. and Thomas E. Groshens of Sprague & Sprague and names all seven justices of the Pennsylvania Supreme Court as defendants. The suit alleges that the Superior Court "created and retroactively applied an unprecedented and nebulous rule of appellate procedure." As a result, the suit says, "the mechanisms of appellate review were denied in a wholly arbitrary and capricious manner."
The suit seeks an injunction to "restore" Epstein's appellate rights by requiring the state Supreme Court to direct the Superior Court to address the merits of the appeal. Members of the Superior Court panel who ruled in the case were not named as defendants.
Details here from The Legal Intelligencer via Law.com.