Legal Opinion

Cooper v. Church of St. Benedict

Superior Court of Pennsylvania

Decided July 29, 2008PublishedCited by 18 opinions

1Opinion of the Court

OPINION BY

DONOHUE, J.:

¶ 1 In this appeal, Anness Cooper (“Cooper”) appeals the trial court’s order granting preliminary objections in the nature of a demurrer filed by the Church of St. Benedict (the “Church”). Because we conclude that the trial court erred as a matter of law, we reverse.

¶ 2 Preliminary objections in the nature of a demurrer should be granted where the contested pleading is legally insufficient. Cardenas v. Schober, 783 A.2d 317, 321 (Pa.Super.2001) (citing Pa. R.C.P. 1028(a)(4)). “Preliminary objections in the nature of a demurrer require the court to resolve the issues…

2Cases cited7 opinions

  1. Hess v. Fox Rothschild, LLPSuperior Court of Pennsylvania · 2007
  2. Equal Employment Opportunity Commission v. The Roman Catholic Diocese of Raleigh, North Carolina Sacred Heart CathedralCourt of Appeals for the Fourth Circuit · 2000
  3. Cardenas v. SchoberSuperior Court of Pennsylvania · 2001
  4. Millicent P. Hollins v. Methodist Healthcare, Inc., Doing Business as Methodist University HospitalCourt of Appeals for the Sixth Circuit · 2007
  5. Little v. WuerlCourt of Appeals for the Third Circuit · 1991

2 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. R.M. v. J.S.Superior Court of Pennsylvania · 2011
  2. Connor v. Archdiocese of PhiladelphiaSupreme Court of Pennsylvania · 2009
  3. Xtreme Caged Combat v. Zarros, M.Superior Court of Pennsylvania · 2021
  4. Kilmer, J. v. Sposito, J.Superior Court of Pennsylvania · 2016
  5. Caltagirone, J. v. Cephalon, Inc.Superior Court of Pennsylvania · 2018

13 more not listed; retrieve them via the Exa API.

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