Legal Opinion
Rae v. Pennsylvania Funeral Directors Ass'n
Supreme Court of Pennsylvania
Decided August 17, 2009PublishedCited by 2 opinions
1Opinion of the Court
OPINION
Justice TODD.
In this appeal, we are asked to determine whether the collateral order test laid out in Ben v. Schwartz, 556 Pa. 475, 729 A.2d 547 (1998), and Pa.R.A.P. 313 must be met for each individual issue an appellate court reviews on collateral appeal. The question in essence is whether this Court should adopt an “issue-by-issue application” of Rule 313, or whether, once the collateral order test is satisfied with respect to one issue, an appellate court has jurisdiction to consider every issue within the ambit of the appealed order — that is, whether to adopt a “whole order…
2Cases cited22 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
- Abney v. United StatesSupreme Court of the United States · 1977
- Swint v. Chambers County CommissionSupreme Court of the United States · 1995
- Digital Equipment Corp. v. Desktop Direct, Inc.Supreme Court of the United States · 1994
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3Cited by2 opinions
- Jamestown Condominium v. P. Sofayov v. R.B. KeddieCommonwealth Court of Pennsylvania · 2017
- Rae v. PA FUNERAL DIRECTORS ASS'NSupreme Court of Pennsylvania · 2009