Opinion

In Re Iulo

  • 564 Pa. 205
  • 766 A.2d 335
  • 2001 Pa. LEXIS 372
Court
Supreme Court of Pennsylvania
Filed
Feb 20, 2001
Status
Published
Author
Nigro
On the bench
Flaherty, Zappala, Cappy, Castille, Nigro, Newman, Saylor
Cited by
48 cases
Authority
More cited than 9.6%

res judicata bars subsequent action where "there exists an identity of issues, an identity of causes of action, identity of persons and parties to the action, and identity of quality or capacity of the parties suing or being sued."

How later courts described this case

  • res judicata bars subsequent action where "there exists an identity of issues, an identity of causes of action, identity of persons and parties to the action, and identity of quality or capacity of the parties suing or being sued."
  • for the proposition that neither res judicata nor collateral estoppel will apply in the absence of an identity of issues
  • listing elements of res judicata

Written by the judges who cited it.

The opinion

NIGRO, Justice,

concurring.

I agree with the majority that reciprocal discipline in the instant case would be a grave injustice. I write separately, however, because I do not believe that Pa.R.B.A. 203 should have been amended to create a bright line rule that prohibits attorneys who have been disbarred or suspended for disciplinary reasons in other states from applying to sit for the Pennsylvania bar exam. Historically, this Court has taken the position that the events surrounding each particular case of *219 attorney misconduct must be taken into account when determining the appropriate discipline. See Office of Disciplinary Counsel v. Valentino, 556 Pa. 609 , 730 A.2d 479, 481 (1999). The amendment of Pa.R.B.A. 203 ignores this long-standing dictate in disciplinary proceedings. Furthermore, two of our neighboring states, New Jersey and Ohio, offer no opportunity for anyone who has ever been disbarred to petition for reinstatement. Consequently, decisions to disbar attorneys in those states will permanently preclude those attorneys from applying to sit for the Pennsylvania bar, or from petitioning for reinstatement to the Pennsylvania bar, regardless of the circumstances surrounding their misconduct. For these reasons, Pa.R.B.A. 203 should not, in my view, have been amended.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.