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)
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.
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J&J ordered to pay $4.69 billion to cancer victims in talcum powder lawsuit
Johnson & Johnson ordered to pay $4.69 billion in talcum powder lawsuit
A St. Louis jury returned a $4.69B verdict in favor of 22 women who claimed Johnson and Johnson’s products contained asbestos which caused them to develop cancer.
The verdict is the latest in a series of massive wins for women and their families who have filed cancer-related lawsuits against Johnson and Johnson. In August, 2017, a Los Angeles jury awarded a $417 million verdict in favor of a woman who claimed that Johnson and Johnson’s baby powder caused her to develop ovarian cancer, and in February 2016, a Missouri jury awarded $72 million to the family of a woman died of ovarian cancer after decades of using J&J’s baby powder.
In its natural form, talc (a common ingredient in cosmetic and personal care products, including the popular J&J baby powder) can contain asbestos fibers. […]
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How the PA Supreme Court ruling on IREs affects injured workers
Injured workers in Pennsylvania: If you underwent an IRE (impairment rating evaluation or exam) you may be entitled to additional benefits. Contact Munley Law Personal Injury Attorneys to learn how the PA Supreme Court decision affects you.
The recent PA Supreme Court decision in Protz v. Workers’ Compensation Appeal Board (Derry Area School District) may affect Pennsylvania workers who have received disability benefits.
Pennsylvania Supreme Court ruling on IRE process may entitle injured workers to additional benefits
Since 1996, employers could require injured workers to undergo impairment rating evaluations or IREs after two full years of receiving total disability benefits. Under Section 306(a.2) of the Pennsylvania Workers’ Compensation Act, IRE physicians used the most recent edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment to calculate an impairment percentage. If a patient was deemed less than 50% impaired, […]
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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
Munley believes we must shine a light on child abuse in order to prevent itThe 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. […]
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Pennsylvania Students Given Firsthand Account of the Dangers of Distracted Driving
Recent television commercials by AT&T are aimed at educating drivers of the hazards of texting behind the wheel. The campaign is meant to appeal to the audience by showing the devastation distracted driving can cause by having real-life victims, or family members of deceased victims, tell their personal stories of how a distracted driving accident changed their lives.
Recently, students at Central Penn College in East Pennsboro Township received a firsthand account of the tragedy of distracted driving. Amanda Kloehr, who was distracted while driving in 2008, was in an accident that “cost an eye, nearly cost her life and led to more than 20 surgeries to rebuild her smashed face,” according to PennLive.com.
Kloehr doesn’t remember the details of the night, but said that during her drive from New Jersey to Virginia she was constantly distracted. She said she passed the time by talking on her cellphone, […]
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“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. […]
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