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Jenn-Ching Luo v. Lowe's Home Centers, LLC, et al.

Paid petition · Superior Court of Pennsylvania, Philadelphia Office, No. 284 EDA 2018 · judgment November 2, 2018


Certiorari denied · January 21, 2020
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

After the appeal had been briefed and submitted to a three-judge panel for a review, Pennsylvania Superior Court refused to review the appeal and dismissed it by determining appellant's argument failed to conform to rule requirements. However, the Court's determination is not defects in rule compliance, but disagreement about pleading which offends conscience of the society, for an example, the court dismissed Petitioner's appeal because judge disagrees the number of argument points. Further, Pennsylvania Superior Court's conduct also differs from other appellate courts. When an appellant's brief is found defective, other appellate courts do not dismiss the appeal, but give appellant an opportunity to cure the deficiencies. This petition presents the following two questions^

  1. Under the protection of due process of law, whether Pennsylvania Superior Court can dismiss Petitioner's appeal by the reasons that (l) the panel disagreed the number of argument points, (2) Petitioner did not comply with two inapplicable conditional rules, and (3) the panel disagreed 4 of 53 citations of legal authority?

  2. Whether Pennsylvania Superior Court could dismiss the appeal without giving Petitioner an opportunity to cure his defective brief?

Counsel of record

For petitioner
Jenn-Ching Luo

For respondent
Timothy Richard Chapin
Cipriani & Werner, PC

Case

Conference history
Distributed for 1 conference

Linked docket
19A325

Proceedings

  1. Jan 21 2020
    Petition DENIED. Justice Breyer took no part in the consideration or decision of this petition.
  2. Dec 30 2019
    DISTRIBUTED for Conference of 1/17/2020.
  3. Dec 11 2019
    Waiver of right of respondent Lowes Home Center, LLC to respond filed.
  4. Dec 06 2019
    Waiver of right of respondent James R. Walters to respond filed.
  5. Dec 04 2019
    Waiver of right of respondent Chris S. Ernest to respond filed.
  6. Nov 19 2019
    Petition for a writ of certiorari filed. (Response due December 26, 2019)
  7. Sep 19 2019
    Application (19A325) granted by Justice Alito extending the time to file until December 2, 2019.
  8. Sep 16 2019
    Application (19A325) to extend the time to file a petition for a writ of certiorari from October 23, 2019 to December 2, 2019, submitted to Justice Alito.