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Pa. Panel Asks If Sanction Fight Can Keep Spill Case Alive

December 8, 2020

Law360
By Matthew Santoni

A Pennsylvania appellate panel Tuesday questioned whether a protracted fight over sanctioning an attorney can keep an underlying chemical-spill case alive and ripe for an appeal, or if a judge’s dismissal of the complaint closed the door after 30 days.

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Lathrop Nelson of Montgomery McCracken Walker & Rhoads LLP, representing Brenntag, said that the sanctions fight should be treated separately from the underlying case and that the Cooper family’s window to appeal ran out 30 days after the court issued the summary judgment order.

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