No. 19-666

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

Lower Court: Pennsylvania
Docketed: 2019-11-25
Status: Denied
Type: Paid
Response Waived
Tags: appellate-review civil-procedure dismissal due-process judicial-discretion opportunity-to-cure rule-compliance
Key Terms:
Arbitration DueProcess
Latest Conference: 2020-01-17
Question Presented (AI Summary)

Whether Pennsylvania Superior Court can dismiss Petitioner's appeal based on disagreement over the number of argument points, non-compliance with inapplicable rules, and disagreement over legal authority citations

Question Presented (OCR Extract)

QUESTION 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 (1) 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? (ii)

Docket Entries

2020-01-21
Petition DENIED. Justice Breyer took no part in the consideration or decision of this petition.
2019-12-30
DISTRIBUTED for Conference of 1/17/2020.
2019-12-11
Waiver of right of respondent Lowes Home Center, LLC to respond filed.
2019-12-06
Waiver of right of respondent James R. Walters to respond filed.
2019-12-04
Waiver of right of respondent Chris S. Ernest to respond filed.
2019-11-19
Petition for a writ of certiorari filed. (Response due December 26, 2019)
2019-09-19
Application (19A325) granted by Justice Alito extending the time to file until December 2, 2019.
2019-09-16
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.

Attorneys

Chris S. Ernest
Thomas J. FinarelliLavin Cedrone Graver Boyd & DiSipio, Respondent
James R. Walters
Timothy Richard ChapinCipriani & Werner, PC, Respondent
Jenn-Ching Luo
Jenn-Ching Luo — Petitioner
Lowes Home Center, LLC
David S. CohenMintzer, Sarowitz, Zeris, Ledva & Meyers, Respondent