Tuesday, November 7, 2017

Timeliness of Recusal Motion Reviewed by Pennsylvania Supreme Court

In the Pennsylvania Supreme Court decision in the case of Lomas v. Kravitz, No. 87 MAP 2016 (Pa. Sept. 28, 2017)(Maj. Op. by Baer, J.)(Dissenting Op. by Saylor, C.J.), the Court affirmed the Superior Court's decision that a recusal motion was untimely where it was filed six weeks after the moving party admittedly learned of the facts supporting a request for recusal.

In this matter, which arose out of a contractual dispute in a construction matter, the Plaintiff asserted that the entire trial court bench should recuse itself from the matter when one of the litigating attorneys involved in the matter was elected to serve as a County Judge on the same Bench.

As noted, the Supreme Court affirmed the finding that the moving Party waived their recusal claim after waiting too long to file the same.

Anyone wishing to review the Majority Opinion may click this LINK.

The Dissenting Opinion may be viewed at this LINK.

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