Appeal

What is an Appeal?

An Appeal is, “The complaint to a superior court of an injustice done or error committed by an inferior one, whose judgment or decision the court above is called upon to correct or reverse.” (Black’s Law Dictionary 124. 4th Ed. Rev. 1968)

What is an Appeal?

The appeal process involves a losing party requesting a higher court to reconsider a ruling or decision made at trial. Most appeals take place in an appellate court. The party making an appeal is known as the appellant, while the original winning party is known as the appellee or respondent. Common errors that can be considered proper grounds for appeal may include legal application errors by a sitting judge, procedural errors conducted by attorneys, or evidence issues such as improper evidence being allowed in court or important evidence being wrongfully excluded from court. After arguments from both the appellant and appellee as to why a court’s decision is either proper or not, the appellant court will decide to affirm, reverse, or remand that decision. When a decision is remanded, that particular case is sent back to a lower court for a new trial or other proceedings.

An appeal can only be made after a final judgment is made. A case can not be appealed when it is ongoing or if facts of the case are in dispute. Rulings in cases such as Bowersock v. Missouri Valley Drainage Dist. of Holt County clarify that appeals are continuations of existing lawsuits, not lawsuits themselves. While appeals may lengthen the legal process, they are seen as vital parts of the justice system. They exist to insure that errors or issues don’t result in the wrong rulings.

More information about Appeal

Workers’ Compensation for Construction Workers in Pittsburgh

When you have been hurt on the job as a construction worker in Allegheny County, having a skilled Pittsburgh workers’ compensation lawyer at your side is essential for ensuring that you get the compensation you need to restore your quality of life.

Construction workers face considerable risks when performing their day-to-day duties. The industry accounts for thousands of worker injuries and illnesses in Pennsylvania each year, ranging from sprains and strains to cuts, bruises, crush and struck-by injuries, and more severe incidents such as spine and traumatic brain injuries as well. With the sector showing consistent growth, more workers than ever are being exposed to these hazards. The board-certified workers’ compensation attorneys at Munley Law are here to protect your rights as a Pittsburgh worker and to fight for damages that adequately cover your pain, suffering, and loss of income after an accident.

Find out all about workers’ compensation for construction workers, […]

Easton Workers’ Compensation FAQs

At Munley Law, we answer all your Easton workers’ compensation FAQs to help injured workers understand how the workers’ compensation system works and how to secure the full benefits they deserve after a job-related accident or occupational illness.

For nearly seven decades, our Easton workers’ compensation lawyers have represented Pennsylvania workers and recovered millions of dollars in compensation for injured employees and their families. Our attorneys hold leadership roles in national trial organizations and have earned recognition from Lawdragon and the Million Dollar Advocates Forum, reflecting our long-standing commitment to protecting workers’ rights.

Workplace injuries can occur in any Easton industry – from healthcare and logistics to construction, manufacturing, transportation, and warehouse employment. Knowing what steps to take immediately after an injury and understanding how benefits are calculated can significantly affect the outcome of a claim.

What Should I Do Immediately After a Workplace Injury in Easton? […]

Easton Product Liability Lawyer

When a defective or dangerous product causes serious injury or financial loss, you need an Easton product liability lawyer to help you fight for your rights. At Munley Law, we represent consumers harmed by unsafe products and hold manufacturers, distributors, and corporations accountable when preventable defects lead to harm.

Product liability claims often involve complex engineering evidence, corporate investigations, and aggressive defense teams. We combine deep legal experience with industry experts, accident reconstruction specialists, and product safety analysts to build powerful claims designed to maximize compensation.

If you were injured by a defective product in Easton or throughout the Lehigh Valley, contact Munley Law to schedule a free consultation. We’ll make sure you are properly compensated for your injuries.

What Are the Types of Defects Found in Product Liability Claims?

Easton product liability lawyer For a successful product liability case, […]

Construction Accident Lawyer

Construction accidents can devastate workers and their families, leading to severe injuries, overwhelming medical bills, and lost wages. At Munley Law, our construction accident lawyers have spent the last 65 years fighting for injured workers, securing multi-million dollar verdicts and settlements while helping our clients navigate workers’ compensation claims and third-party lawsuits.

Construction accidents often involve multiple responsible parties—contractors, subcontractors, equipment manufacturers, and property owners, to name a few. Our experienced personal injury attorneys know how to prove who is at fault for your injuries so you can receive full compensation for your accident.

Don’t let a construction accident derail your future – contact Munley Law today for a free case evaluation.

Common Construction Accident Claims Munley Law Handles

Construction accident lawyer Construction sites present countless hazards that can lead to severe injuries to workers and visitors alike. […]

Tamaqua Personal Injury Lawyer

If a car accident, workplace injury, truck accident, medical negligence, or other catastrophic injury has left you with medical bills and lost wages. In that case, you need a personal injury law firm with experience. The Tamaqua personal Tamaqua Personal Injury Lawyer injury lawyers of Munley Law have decades of experience helping Schuylkill County residents with their most complex injury claims.

If you or a loved one were hurt in an accident and need legal advice, contact the Munley Law firm. We take on the insurance companies to ensure you get fair compensation for your injuries. Call the Tamaqua personal injury attorneys today.

Helping People in Schuylkill County and Beyond

Getting into an accident can cause physical, emotional, and financial hardships for the victim and their family. In some cases, these injuries can lead to long periods away from work, and in some cases, […]

Personal Injury Glossary Terms

This glossary provides a quick-access resource for looking up definitions of terms you will likely encounter while seeking compensation.

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W

A

Accident Report — A detailed official record of an incident created on-site by an authority figure such as a police officer or hospital staff member.

Act of God — An unforeseen event caused by natural forces without human involvement that couldn’t have been prevented with reasonable care, […]

Lower Merion Motorcycle Accident Lawyer

Motorcycle riding offers an unparalleled sense of freedom and thrill. However, with this freedom comes an increased risk of accidents, especially in densely populated areas. Lower Merion, situated in Montgomery County, Pennsylvania, is no exception, and our Lower Merion personal injury lawyers have seen firsthand how quickly a pleasant ride can turn tragic. While motorcycles represent a small fraction of vehicles on the road, they account for a disproportionately high number of traffic injuries and fatalities.

The aftermath of a motorcycle accident can be devastating, both physically and emotionally. Medical bills, rehabilitation costs, lost wages, and the emotional trauma can be overwhelming for victims and their families. In such trying times, having a specialized Lower Merion motorcycle accident lawyer by your side can make a significant difference. This guide aims to shed light on the importance of hiring a dedicated attorney for motorcycle accidents in Lower Merion and how they can assist victims in navigating the complex legal landscape. […]

Lower Merion Wrongful Death Lawyer

Pennsylvania’s premier personal injury representation

In the picturesque setting of Lower Merion, coupled with the vibrant and historic backdrop of Philadelphia, the importance of local representation in sensitive matters like wrongful death is magnified. Lower Merion is nestled amidst landmarks like the historic Ardmore Library and the picturesque Cynwyd Heritage Trail, where the complexities of navigating a wrongful death case demand local expertise. Situated a stone’s throw from Philadelphia, Lower Merion uniquely benefits from both its tranquil suburban charm and proximity to urban resources. Law firms like Munley Law’s Lower Merion personal injury team, deeply rooted in this community and recognized as leading Pennsylvania wrongful death lawyers, offer an unparalleled blend of local insight and broader legal insight. Their deep understanding of the region ensures affected families receive justice with a touch of compassion, bridging both the Merion community and the larger Philadelphia metropolitan area. […]

Lancaster Pedestrian Accident Lawyer

Get the representation to get the maximum compensation you and your family deserve

Lancaster Pedestrian Accident Lawyer Lancaster, Pennsylvania, boasts a rich history with landmarks like the Central Market and the Wheatland estate, home to the 15th U.S. President, James Buchanan. The Fulton Opera House stands as a testament to the city’s cultural heritage, while the Railroad Museum highlights its pivotal role in railway evolution. Visitors to the serene Amish farms are transported to an era of simplicity and tradition. Yet, these attractions bring a surge in pedestrian traffic.

The blend of modern and historical roads increases the risk of pedestrian accidents. Such incidents near landmarks can detract from Lancaster’s charm. Local officials prioritize safety, emphasizing the balance between preserving history and ensuring public well-being. Victims of such accidents need adept legal representation. Firms like Munley Law champion these victims, ensuring their rights amidst Lancaster’s iconic backdrop. […]

What is the Truck Accident Claim Process?

What Happens After a Trucking Accident?

semi truck undercarriage Being involved in an truck accident is a traumatic experience. Like a car accident, a truck crash can cause debilitating personal injuries and emotional distress–but due to the sheer size and force of the vehicle, truck accidents often cause more severe injuries and mental agony than an accident involving passenger cars alone.

When you or a loved one is involved in a truck accident, the last thing you want to do is try and figure out the complicated truck accident claim process.

It is essential, however, that you act fast–while evidence is fresh and before the statute of limitations runs out–in order to ensure you receive the full and fair compensation you deserve. Thankfully, an experienced truck accident lawyer can handle most steps of the truck accident claim process for you, and at no charge to you unless you win a truck accident settlement or jury award. […]

$29.4 million verdict in Johnson & Johnson talcum powder case

On Wednesday March 13, 2019 a California jury awarded Teresa
Leavitt $24.4 million and her husband, Dean McElroy $5 million in a trial
brought by them against Johnson & Johnson.
Teresa Leavitt believes her mesothelioma, a terminal disease caused by
asbestos exposure, is linked to her regular use of Johnson & Johnson’s
talcum powder.

talcum powder lawsuit lawyer

The Leavitt case is the first case to be tried since a
bombshell report by Reuters and the New York Times about the contamination of
baby powder with asbestos. Both reports
sighted leaked internal documents showing Johnson & Johnson knew about the
problem as far back as 1971.

Johnson & Johnson said they were disappointed in the verdict and they would pursue an appeal. Johnson & Johnson’s spokesperson, Kimberly Montagnino said, “we will pursue an appeal because Johnson’s Baby Powder does not contain asbestos or cause cancer.” […]

Report: J&J Knew for Decades About Asbestos in Baby Powder

Report: J&J knew about asbestos in their products and issued no warning

In a new report that drove the company’s shares down more than 9%, Reuters stated that Johnson & Johnson has known since the 1970s that its talc baby powder sometimes contained carcinogenic asbestos.

Reuters based its report on a review of documents and deposition and trial testimony that showed that from at least 1971 to the early 2000s, the company’s raw talc and finished powders sometimes tested positive for small amounts of asbestos. Company executives, managers, doctors and lawyers discussed the problem amongst themselves but didn’t inform regulators or the public. The documents examined by Reuters also describe successful efforts to influence U.S. regulators’ plans to limit asbestos in cosmetic talc products and scientific research on the health effects of talc.

talcum powder lawsuit lawyer The company has faced thousands of lawsuits alleging its talc baby powder products contain asbestos and caused ovarian and other cancers. […]

Attorney Julia Munley recognizes National Child Abuse Prevention Month as a time for action

Munley believes we must shine a light on child abuse in order to prevent it

The problem of child sexual abuse in this country and throughout Pennsylvania continues at an alarming rate. It can be difficult to acknowledge that sexual abuse of children of all ages, including infants, happens every day. This horrifying topic was brought to the national spotlight when Jerry Sandusky was found guilty of 45 counts of sexually abusing 10 boys, using his position in a prestigious football program to gain access to youth. This past week, Pennsylvania’s top court rejected a bid by this former Penn State football coach to appeal his 2012 conviction of charges of sexually abusing children.

Last week alone in Northeast Pennsylvania, we saw news reported of a trusted pastor at a Scranton cathedral being removed from his position and charged with indecent assault and corruption of minors. […]

“Buckyballs” Magnets Pose Serious Risks to Young Children

Buckyballs magnets pose dangerous swallow hazard for young children

After learning that a 3-year-old child suffered from tears in her lower intestine and stomach after swallowing 37 Buckyballs, the company is once again warning consumers that the magnets are not toys. The Buckyballs magnets were voluntarily recalled by the company in May 2010 after the U.S. Consumer Product Safety Commission (CPSC) warned of a swallowing hazard to young children.

The Los Angeles Times reported yesterday that the Oregon child underwent surgery to remove the magnets that had snapped together inside her stomach, resembling a bracelet. She is expected to recover. Last year, a sixth-grader in California underwent surgery after swallowing eight of the magnets.

Buckyballs are a set of round, high-powered magnets that are meant to be used by adults as a stress-relieving desk toy. However, a serious danger is raised when a child swallows more than one magnet. […]

Florida Supreme Court Upholds $10.3 Million Medical Malpractice Award

The widow of a man who suffered a heart attack and died when his Palms West Hospital doctor failed to give him the anti-clotting drug Retavase will receive the $10.3 million previously awarded, according to a ruling by the Florida Supreme Court this week. The award amount was being disputed due to the $1 million medical malpractice cap put in place in Florida months after the man’s death.

The court referred to a decision rendered in July when it determined the award cap could not be applied retroactively. The man died in 2003, however, the lawsuit was not filed until 2005. The defense argued the time of lawsuit should be used and thus, the cap limits should apply.

The award amount had also been upheld by the Fourth District Court of Appeal in 2009 saying, “It is therefore well settled that retrospective laws are generally unjust.” […]

Pennsylvania Woman Awarded $23 Million in Medical Malpractice Case

WFMZ-TV reports a Lehigh County, Pennsylvania jury has awarded a Lehighton woman $23 million in a medical malpractice case. The woman had both legs amputated after her home care nurse failed to evaluate and report an infected catheter for appropriate treatment.

The lawsuit alleged the delay in reporting the infection led to a bloodstream infection that ultimately required the woman’s legs to be amputated below the knees.

The jury found the nurse and her employer, St. Luke’s Miners Memorial Home Care, negligent in caring for the plaintiff.

A spokesman for St. Luke’s said, “As with all malpractice cases, this is a complicated situation, but the resultant jury award is excessive and shocks the conscience.” The spokesman did not indicate if they would appeal the verdict.

If you or a loved one has been harmed by a form of medical negligence, […]