Slusser v. Laputka, Bayless, Ecker & Cohn, P.C.

9 A.3d 1200, 2010 Pa. Super. 219, 2010 Pa. Super. LEXIS 3835, 2010 WL 4871266
CourtSuperior Court of Pennsylvania
DecidedNovember 29, 2010
Docket1727 MDA 2008, 1728 MDA 2008
StatusPublished
Cited by6 cases

This text of 9 A.3d 1200 (Slusser v. Laputka, Bayless, Ecker & Cohn, P.C.) 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
Slusser v. Laputka, Bayless, Ecker & Cohn, P.C., 9 A.3d 1200, 2010 Pa. Super. 219, 2010 Pa. Super. LEXIS 3835, 2010 WL 4871266 (Pa. Ct. App. 2010).

Opinion

OPINION BY

COLVILLE, J.:

This matter presents the Court with consolidated appeals from a judgment entered against Appellants and in favor of Appellees. The parties also have filed a number of motions which we must resolve. We deny the parties’ motions, vacate the judgment and all of the orders entered by former Luzerne County Judge Mark A. Ciavarella (“Ciavarella”), and remand for a new trial.

While the certified record in this matter is voluminous, we offer the following, relatively brief summary of the background underlying this matter. Appellees filed a complaint against Appellants. The complaint sounded in legal malpractice and contained counts of negligence, breach of contract, breach of fiduciary duty, and detrimental reliance. Robert J. Powell (“Powell”) and Jill Moran (“Moran”) signed Appellees’ complaint as counsel. The case was assigned to Ciavarella.

After pre-trial procedures were resolved, the matter was set for trial. Ap-pellees’ counsel during trial were Powell, Stephen A. Seach (“Seach”), and Jonathan Lang. Prior to the trial, Seach indicated on the record that the matter had been “bifurcated.” N.T., 01/22-23/08, at 70-71. A jury would hear the negligence, breach of contract, and breach of fiduciary duty claims; the detrimental reliance claims would be heard sometime after the jury trial. Id.

*1202 Subsequent to the conversation regarding the bifurcation of the trial, the following exchange took place between Appellants’ counsel and Ciavarella.

[Counsel]: Your Honor, I have two issues to raise, if I may. One is, apparently there’s been some considerable publicity involving Your Honor and also Mr. Powell, and I guess there’s other information that suggests that—I just want to ask about whether there’s a relationship between you and Mr. Powell which would present an issue to the fairness of the trial in this case by my clients. That’s all.
[Ciavarella]: What significant publicity has there been concerning me and Mr. Powell?
[Counsel]: I understand there was something to do with a certain building for the county.
In any event, I’m just asking the question whether there is a relationship between you and Mr. Powell which would present an issue about Your Honor sitting as the judge for this case.
[Ciavarella]: Based on what?
[Counsel]: I’m asking.
[Ciavarella]: I’m asking you, based on what?
[Counsel]: I’m sorry, I’m asking the Court whether there’s an issue.
[Ciavarella]: And I want to know what you’re basing that on.
[Counsel]: The question?
[Ciavarella]: Yes.
[Counsel]: I’m just basing it on—
[Ciavarella]: Do you ask everybody judge [sic] that question—
[Counsel]: No, I don’t.
[Ciavarella]: —that you appear in front of?
[Counsel]: Judge, if the answer is by Your Honor—I’m just asking the question.
[Ciavarella]: I want to know why you’re asking that question.
[Counsel]: Because I thought to ask it. I thought to ask it.
[Ciavarella]: Anything else?
[Counsel]: There’s—can I—I’m raising the issue.
[Ciavarella]: Unless you want to give me a basis for that question, I don’t see why it’s even asked.
[Counsel]: It’s asked because I just want to be cautious about the situation. That’s all.
[Ciavarella]: What situation?
[Counsel]: I just want to be cautious because it’s been mentioned to me a number of times.
[Ciavarella]: By whom?
[Counsel]: Well, they’re privileged discussions. But it’s been brought—and by other lawyers. That’s all. I’m just asking the question. If there’s not an issue—
[Ciavarella]: What relationship?
[Counsel]: I’m sorry. Your Honor, I don’t—I’m asking the question. If there’s been—
[Ciavarella]: And now I’m asking the question.
[Counsel]: I don’t have details [if] that’s what you’re looking for.
[Ciavarella]: Well, then, why ask the question?
[Counsel]: I’m just inquiring whether there is.
[Ciavarella]: Anything else?
[Counsel]: Well—
[Ciavarella]: I don’t have to answer that question based upon that. Why should I answer that question based upon that? *1203 You want to present something to me, present it, and I’ll be glad to answer.
[Counsel]: No, Your Honor. I believe I was—I have an obligation just to raise the issue, or at least that’s the way I feel with respect to my clients.
[Ciavarella]: If you want to be specific, I can answer it. If you want to be specific about what relationship you’re referring to, I’ll be glad to answer it.
[Counsel]: Obviously any relationship which would impact or interfere with or create the appearance that there’s an issue about Your Honor’s ability to sit and fairly judge the case.
[Ciavarella]: There is none.
[Counsel]: Okay.
[Ciavarella]: Anything else?
[Counsel]: And the reason, in particular, is because the idea that there may have been leisure activities in which the two of you have been engaged or other matters and that’s all.
[Ciavarella]: Leisure activities.
[Counsel]: Vacations or something similar.
[Ciavarella]: I have never been on a vacation with Mr. Powell. I’ve never been on a vacation with anyone from his family. I may have socialized with Mr. Powell, like I have socialized with other lawyers, at various events.

Id. at 72-76. Ciavarella later stated for the record that he has a social relationship with several attorneys in Appellants’ law firm.

On February 4, 2008, the jury returned a verdict in favor of Appellees in the amount of $3,411,141.00. On February 7, 2008, Appellees filed a letter in the trial court. In this letter, Appellees reminded the court that their detrimental reliance claims were deferred for a bench trial and that Appellees wished to proceed on the claims.

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Cite This Page — Counsel Stack

Bluebook (online)
9 A.3d 1200, 2010 Pa. Super. 219, 2010 Pa. Super. LEXIS 3835, 2010 WL 4871266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slusser-v-laputka-bayless-ecker-cohn-pc-pasuperct-2010.