Philadelphia Partner Jason Berger has Mistrial and Dismissal of Plaintiff’s Case Affirmed by Superior Court

Jason Berger defended his client in a 5 ½ day jury trial in the Philadelphia County Court of Common Pleas, ultimately securing a mistrial due to various improper conduct by plaintiff and his counsel and, thereafter in a Motion for Post-Trail Relief, Mr. Berger sought sanctions, including costs of trial, and dismissal of the case on the merits citing testimony and evidence presented at trial. Typically only one of those remedies are available to a litigant when a mistrial is declared, however, Berger successfully argued that both remedies were appropriate based upon the facts of the case and the trial court agreed. On appeal, Plaintiff submitted an extremely voluminous Statement of Matters Complained Of on Appeal and the Pennsylvania Superior Court, in affirming the trial court’s decision on post-trial motions, affirmed on the basis that the Plaintiff waived his claims on appeal due to his failure to file a “concise” statement of matters complained of on appeal as prescribed by the Rules of Appellate Procedure.