Freundlich & Litman, LLC v. Feierstein, E.

CourtSuperior Court of Pennsylvania
DecidedDecember 14, 2021
Docket498 EDA 2020
StatusUnpublished

This text of Freundlich & Litman, LLC v. Feierstein, E. (Freundlich & Litman, LLC v. Feierstein, E.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Freundlich & Litman, LLC v. Feierstein, E., (Pa. Ct. App. 2021).

Opinion

J-A15032-21

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

FREUNDLICH & LITTMAN, LLC AND : IN THE SUPERIOR COURT OF GREGORY CREED LITTMAN, : PENNSYLVANIA ESQUIRE, : : : v. : : : EDWARD T. FEIERSTEIN, BRUCE : No. 498 EDA 2020 CHASAN, ESQUIRE AND THE LAW : OFFICES OF BRUCE J. CHASAN, LLC : : : APPEAL OF: BRUCE CHASAN, : ESQUIRE AND THE LAW OFFICES OF : BRUCE J. CHASAN, LLC :

Appeal from the Order Entered January 14, 2020 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): No. 150401569

BEFORE: BOWES, J., STABILE, J., and MUSMANNO, J.

MEMORANDUM BY MUSMANNO, J.: FILED DECEMBER 14, 2021

Bruce Chasan, Esquire, and The Law Offices of Bruce J. Chasan, LLC

(collectively, “Chasan”), appeal from the Order denying his Motion for

Reconsideration of the trial court’s November 21, 2019, “Bench Order” in this

abuse of process action. We quash the appeal.

Pertinently, Chasan and Gregory Creed Littman, Esquire (together with

Freundlich & Littman, LLC, hereinafter “Littman”), were opposing counsel in

the underlying negligence action among neighboring condominium owners

(“the condo action”). See Complaint, 4/16/15, Exhibit A (Condo Action

Complaint). Littman represented the plaintiffs, GJRPA, LP (“GJRPA”), and J-A15032-21

Chasan represented the defendant, Edward Feierstein (“Feierstein”). Chasan

filed a counterclaim on Feierstein’s behalf, personally naming the principals of

GJRPA and Littman as counterclaim defendants, and seeking attorneys’ fees

and expenses. Id., Exhibit B (Answer, New Matter, and Counterclaim).

Littman subsequently sent Chasan a “Dragonetti Notice” (the

“Dragonetti Letter”),1 stating that the counterclaim was baseless and had been

raised improperly. Id., Exhibit C (Dragonetti Letter), at 1-3. Additionally,

Littman alleged that Chasan and Freierstein were engaging in witness

intimidation, citing the involvement of Littman’s brother in Freierstein’s

criminal trial. Id. at 3. Littman requested that Chasan withdraw his

counterclaim within 3 days. Id. at 4. Chasan responded with a letter stating,

“The only thing [Freierstein] said that is printable is that he will not withdraw

his counterclaim. He’s not concerned if his counterclaim is bifurcated. As to

____________________________________________

1 Our Supreme Court has explained as follows:

The Dragonetti Act[, 42 Pa.C.S.A. §§ 8351-8354,] is a codification of the common law cause of action for wrongful or malicious use of civil proceedings: a Dragonetti defendant may be held liable when he “takes part in the procurement, initiation or continuation of civil proceedings against another” and in doing so “acts in a grossly negligent manner or without probable cause and primarily for a purpose other than that of securing the proper discovery, joinder of parties or adjudication of the claim in which the proceedings are based.” 42 Pa.C.S.[A.] § 8351(a), (a)(1). For a successful claim under the Act, the underlying proceedings must have terminated in favor of the Dragonetti plaintiff. Id. § 8351(a)(2).

Raynor v. D’Annunzio, 243 A.3d 41, 52-53 (Pa. 2020).

-2- J-A15032-21

the rest of your letter, I am not going to dignify it with any substantive

response. Your letter is a thin-skinned rant.” Id., Exhibit D (Chasan’s Letter).

The two attorneys exchanged additional contemptuous letters throughout

these proceedings.2

On April 16, 2015, Littman initiated the instant abuse of process action

by filing a Complaint against Chasan and Feierstein. Littman alleged that

Chasan and Feierstein had knowingly pursued a baseless lawsuit, and had

“maliciously refused to discontinue” it, which caused Littman “great financial

and emotional cost[.]” Complaint, 4/16/15, at 4. Littman sought

compensatory and punitive damages. Chasan filed Preliminary Objections,

seeking dismissal of Littman’s Complaint, based on, inter alia, judicial

2 Following the close of the condo action, Chasan filed a defamation action against Littman, alleging that Littman had published the Dragonetti Letter to third parties. The trial court granted summary judgment in favor of Littman, and dismissed the defamation action. This Court, finding that Chasan had waived his claims, subsequently affirmed the grant of summary judgment. See Law Office of Bruce J. Chasan, LLC v. Freun[d]lich & Littman, LLC, 188 A.3d 587 (Pa. Super. 2018) (unpublished memorandum). The Pennsylvania Supreme Court granted Chasan’s Petition for allowance of appeal, reversed this Court’s Order, and remanded for consideration of the merits of Chasan’s claims. See id., appeal granted, 197 A.3d 1178 (Pa. 2018). On remand, this Court again affirmed the trial court’s Order granting summary judgment in favor of Littman and dismissing Chasan’s defamation action, and our Supreme Court denied allowance of appeal. See Chasan v. Littman, 209 A.3d 535 (Pa. Super. 2019) (unpublished memorandum), appeal denied, 216 A.3d 1033 (Pa. 2019).

-3- J-A15032-21

privilege.3 Littman filed an Answer, and the trial court ultimately sustained

Chasan’s Preliminary Objections based on judicial immunity. Littman filed a

Motion for Reconsideration, which the trial court denied. On direct appeal,

this Court concluded that judicial privilege does not apply to Littman’s claim.

See Freundlich & Littman, 157 A.3d at 535. Accordingly, on February 23,

2017, this Court vacated the trial court Order sustaining Chasan’s Preliminary

Objections and remanded the matter to the trial court. See id.

Following further extensive litigation not relevant to the instant appeal,

the case proceeded to a jury trial in June 2018. On June 8, 2018, in the midst

of trial, Chasan’s counsel informed the trial court that the parties had reached

a Settlement Agreement, which was read into the record as follows:

[Littman] agrees to pay [Chasan] the sum of [sealed].

The payments shall be made in the following payment terms: [sealed] will be paid to [Chasan] within 30 days of execution of a mutually acceptable release, and then the remaining [sealed] shall be paid within 90 days thereafter.

[Sealed.]

3 This Court has explained judicial privilege as follows:

The doctrine of judicial privilege provides absolute immunity for communications which are issued in the regular course of judicial proceedings and which are pertinent and material to the redress or relief sought. The privilege … encompasses pleadings and even less formal communications such as … correspondence between counsel in furtherance of the client’s interest.

Freundlich & Littman, LLC v. Feierstein, 157 A.3d 526, 530-31 (Pa. Super. 2017) (citations and quotation marks omitted).

-4- J-A15032-21

The [S]ettlement [A]greement shall include no admission of liability or lack thereof.

The parties shall agree that the claims were fully disputed and that the purpose of the party settlement is to avoid the risk and expense and inconvenience of future litigation.

There will be no confidentiality for the [S]ettlement [A]greement.

The [S]ettlement [A]greement shall include a mutual release of all claims or future claims stemming from this lawsuit or the defamation lawsuit filed by [] Chasan, as well as the subject matter that those claims arise from.

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Related

Geniviva v. Frisk
725 A.2d 1209 (Supreme Court of Pennsylvania, 1999)
Freundlich & Litman, LLC v. Feierstein, E.
157 A.3d 526 (Superior Court of Pennsylvania, 2017)
Oliver, J. v. Irvello, S.
165 A.3d 981 (Superior Court of Pennsylvania, 2017)
Barak, G. v. Karolizki, E.
196 A.3d 208 (Superior Court of Pennsylvania, 2018)
Chasan v. Littman
188 A.3d 587 (Superior Court of Pennsylvania, 2018)
Chasan v. Littman
209 A.3d 535 (Superior Court of Pennsylvania, 2019)
Cabot Oil v. Speer, C.
2020 Pa. Super. 258 (Superior Court of Pennsylvania, 2020)

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Bluebook (online)
Freundlich & Litman, LLC v. Feierstein, E., Counsel Stack Legal Research, https://law.counselstack.com/opinion/freundlich-litman-llc-v-feierstein-e-pasuperct-2021.