HTR Restaurants v. Erie Insurance Exchange

• Court: Supreme Court of Pennsylvania
• Decided: May 25, 2022
• Docket: 334 WAL 2021 (Granted)
• Status: Published

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT

HTR RESTAURANTS, INC. D/B/A/ SIEBS : No. 334 WAL 2021 PUB, INDIVIDUALLY AND ON BEHALF OF : A CLASS OF SIMILARLY SITUATED : PERSONS, 3382 BABCOCK BOULEVARD, : Cross Petition for Allowance of PITTSBURGH, PA 15327, : Appeal from the Order of the : Superior Court Respondent : : : v. : : : ERIE INSURANCE EXCHANGE, 100 ERIE : INSURANCE PLACE, ERIE, PA 16530, : : Petitioner :

JOSEPH TAMBELLINI, INC. D/B/A : No. 335 WAL 2021 JOSEPH TAMBELLINI RESTAURANT, : 5701 BRYANT STREET, PITTSBURGH, PA : 15206, : Cross Petition for Allowance of : Appeal from the Order of the Respondent : Superior Court : : v. : : : ERIE INSURANCE EXCHANGE, 100 ERIE : INSURANCE PLACE, ERIE, PA 16530, : : Petitioner :

ORDER

PER CURIAM

AND NOW, this 25th day of May, 2022, the Petition for Allowance of Appeal is

GRANTED. The issue, as stated by petitioner. is: Did the Superior Court endorse an erroneous, unprecedented and dangerous expansion of Pa.R.Civ.P. 213.1 contrary to its plain language and which threatens to disrupt this and other litigations pending in multiple Counties throughout the Commonwealth, in holding that a litigant who is not a “party” to other cases in “different counties,” has standing to file a Rule 213.1 motion to transfer such cases to the County of the nonparty’s choice?

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