Order Sustaining Preliminary Objections in Dragonetti Act Case Upheld

/ 20.Jan, 2015
The Pennsylvania Superior Court affirmed an order obtained by Swartz Campbell partner, Josh J.T. Byrne, from the Montgomery County Court of Common Pleas sustaining preliminary objections in a wrongful use of civil proceedings action.  The Superior Court agreed with defendants, that the allegations of the plaintiffs’ complaint did not set forth sufficient facts to support a contention the underlying action was commenced or continued without probable cause or for an improper purpose.  The Superior Court also noted “the fact that Appellants were unsuccessful in moving for summary judgment and non-suit, as well as the fact that the case was submitted to the jury for a determination on factual issues, further supports the concision that probable cause existed for Appellees to file the underlying defamation action.”  Judge Lazarus authored the opinion, and was joined by Judge Wecht.