Trial Motions, Post-Trial Relief, Appeals, SOLs

Question 1

What is a motion for compulsory nonsuit at trial?

Answer 1

A trial motion based on a plaintiff’s failure to establish a cause of action.

Question 2

What standard applies to a motion for compulsory nonsuit at trial?

Answer 2

The same standard as summary judgment or judgment as a matter of law.

Question 3

How will a motion for compulsory nonsuit at trial apply when there is only one plaintiff and one defendant?

Answer 3

• A court can enter a nonsuit on any and all causes of action at the end of the plaintiff’s case on liability, if the plaintiff has failed to establish a PFC.
• Court will only consider evidence introduced by plaintiff or evidence favorable to the plaintiff introduced by defendant before close of plaintiff’s case.
• Court will not consider evidence in the defendan’ts case that may have been introduced before the close of plaintiff’s case.

Question 4

How will a motion for compulsory nonsuit at trial be considered if there are multiple plaintiffs?

Answer 4

No nonsuit may be entered against any plaintiff until the close of the cases of all plaintiffs.

Question 5

How will a motion for compulsory nonsuit at trial apply when there are multiple defendants?

Answer 5

• The court may not enter a nonsuit against any plaintiff until the close of the cases of all plaintiffs as against all defendants.
• Once that’s happened, the court can enter a nonsuit in favor of all defendants, OR in favor of any defendants who have moved for nonsuit PROVIDED all defendants stipulate they will not present evidence that would establish the movant’s liability.

Question 6

What post-trial relief motions are available?

Answer 6

1. Judgment notwishtanding the verdict
2. Remittitur
3. New trial

Question 7

What can a court do after the trial?

Answer 7

1. Order a new trial as to any or all issues
2. Direct the entry of judgment in favor of any party
3. Remove a nonsuit
4. Affirm, modify, or change the decision
5. Enter any other appropriate order such as remittitur.

Question 8

How can you raise an issue for post-trial relief?

Answer 8

You must

1. have raised the issue at trial or pretrial proceedings, provided the grounds were available then; AND
2. the written motion must specifically articulate the grounds for relief and how they were raised earlier.

Question 9

What are the bases for ordering a new trial?

Answer 9

1. Verdict against weight of evidence
   
   1. Verdict must be so contrary to the evidence as to “shock one’s sense of justice.”
2. Ruling on evidence
   
   1. The evidentiary ruling must be “erroneous and harmful to the complaining party” AND must have affected the verdict.

Question 10

What is remittitur and when will it be ordered?

Answer 10

It’s when the damages were too high. It will be ordered if the verdict so shocks the sense of justice as to suggest that the jury was influence by partiality, prejudice, mistake, or corruption.

Question 11

When is an appeal permitted?

Answer 11

Generally, only when a final order is entered.

Question 12

In what circumstances can you file an interlocutory appeal as of right?

Answer 12

1. Orders affecting judgments, such as refusing to open, strike, or vacate a judgment
2. Orders granting new trials
3. Changes of venue
   
   1. including orders transferring cases to other counties for improper venue, or orders “declining to proceed in the matter” for FNC
4. Injunctions
   
   1. granting, continuing, modifying, refusing, dissolving

Question 13

What are collateral orders and when can you appeal them?

Answer 13

You can appeal them as of right. They are orders for which

1. the issue involved is separate from the main cause of action (not on the merits);
2. the right involved is too important to be denied review; AND
3. the question presented is such that if review is postponed until final judgment, the claim will be irreparably lost.

Most discovery issues will not be collateral orders, but privilege will be.

Question 14

When does the statute of limitations begin to run?

Answer 14

• TYPICALLY when the cause of action accrues.
• Sometimes it’ll start running when the plaintiff reasonably should know of her injury and its cause (Discovery rule)
• If the plaintiff is an unemancipated minor at the time the cause of action accrues, then it won’t run until plaintiff turns 18.

Question 15

What is a statute of repose?

Answer 15

Same as statute of limitation, except it’s triggered by an event other than the accrual of the cause of action.

• Cannot be extended by the discovery rule; sometimes extinguish causes of actions that have not yet accrued.

Question 16

What actions have statutes of limitations of six months?

Answer 16

Actions against governmental units for personal injury or property damage UNLESS

• plaintiff has provided required written notice to the government
  
  • identifying the plaintiff,
  • stating the time and place of the accident, and
  • identifying any treating physician.

Question 17

What actions have statutes of limitations of one year?

Answer 17

Libel, slander, and invasion of property.

Question 18

What actions have statutes of limitations of two years?

Answer 18

Most tort cases, including medical malpractice and insurance bad faith actions. Also asbestos claims.

Question 19

What actions have statutes of limitations of four years?

Answer 19

Most contract claims. Also identity theft (discovery rule applies).

• If a contract is an instrument of writing under seal, then the SOL is 20 years.

Question 20

What actions have statutes of limitations of five years?

Answer 20

Actions for specific performance, like a real estate sales contract.

Question 21

What actions have statutes of limitations of 21 years?

Answer 21

Actions for the possession of real property (besides specific performance), like collection of rents and adverse possession actions.

Question 22

What is the default statute of limitations for something not specifically identified by the PA rules?

Answer 22

Six years.

Question 23

What statute of repose should you know about?

Answer 23

Construction projects: causes of action for personal injury, death, or property damage arising out of a deficiency in design, planning, supervision, or construction of an improvement to real property.

• Typically must be brought within twelve years after construction is completed.
• Must be brought within 14 years if injury or death occurs between 10 and 12 years after completion

N.B.: If the defendant is in actual possession or control when the deficiency in the improvement causes injury, they can’t raise the statute of repose.

Question 24

What special statutes apply to medical professional liability actions?

Answer 24

1. Typically there is a two-year statute of limitations (torts).
2. Also a 7-year statute of repose, from the date of the alleged tort or breach of contract (discovery rule does not apply)
   
   1. This doesn’t apply if you leave shit in the person’s body.

Question 25

How do insanity and imprisonment affect statutes of limitations?

Answer 25

They do not. The limitation won’t toll based on that.

Question 26

What actions have statutes of limitations of 12 years?

Answer 26

Childhood sexual abuse, which starts running when the plaintiff turns 18.

Question 27

What if a plaintiff dies before bringing the cause of action?

Answer 27

Then the causes of action must be brought within one year after death OR before the expiration of the applicable limitation, whichever is longer.

Question 28

What is the discovery rule?

Answer 28

An exception that temporarily suspends statutes of limitations if the palintiff is unaware that they were injured until they

• discovers or reasonably should have discovered taht
  
  • they have been injured; AND
  • the injury has been caused by another person’s conduct. (actual ID of other person is irrelevant)

Standard: reasonable diligence.

Question 29

When will the defendant be precluded from raising the SOL as a defense?

Answer 29

If their conduct caused the plaintiff to “relax his vigilance,” then the statute starts running when, by use of reasonable diligence, the plaintiff should have known about the injury and its cause.

Question 30

How do you raise SOL/SOR as a defense?

Answer 30

Must be asserted in new matter and thereafter adjudicated by summary judgment or by trial.

N.B.: Whether the party was able, in the exercise of reasonable diligence, to know of their injury and its cause is a jury question.