Robert RAE and Commonwealth Funeral Consultants, Inc.
v.
PENNSYLVANIA FUNERAL DIRECTORS ASSOCIATION, John W. Eirkson and James O. Pinkerton
v.
Monty J. Batson, Esq., Shawn E. Smith, Esq., and Larry Hall
Appeal of Robert Rae and Commonwealth Funeral Consultants, Inc.
Supreme Court of Pennsylvania.https://leagle.com/images/logo.png
Argued December 4, 2008.
Decided August 17, 2009.
Attorney(s) appearing for the Case
Barbara A. Zemlock, James John Kutz, Post & Schell, P.C., Harrisburg, for Robert Rae and Commonwealth Funeral Consultants, Inc.
Sarah C. Yerger, PA Office of Attorney General, for James O. Pinkerton.
Daniel L. Grill, Stephanie Lynn Hersperger, Anthony Lucido, Thomas, Thomas & Hafer, L.L.P., Harrisburg, Gordon W. Gerber, Dechert LLP, Philadelphia, for John W. Eirkson and PA Funeral Directors Association.
Henry E. Hockeimer, Jr., Brooke Judith McDermott, William Brooke Igoe, Ballard Spahr Andrews & Ingersoll, L.L.P., Philadelphia, for Monty Batson, Shawn Smith and Larry Hall.
In this appeal, we are asked to determine whether the collateral order test laid out in Ben v. Schwartz,556 Pa. 475, 729 A.2d 547 (1998), and Pa.R.A.P. 313 must be met for each individual issue an appellate court reviews on collateral appeal. The question in essence is whether this Court should adopt an "issue-by-issue application" of Rule 313, or whether...
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