Opinion

Dougherty, J., Aplt. v. Heller, K.

  • 635 Pa. 507
  • 138 A.3d 611
  • 44 Media L. Rep. (BNA) 2288
  • 2016 Pa. LEXIS 1210
  • 2016 WL 3261814
Court
Supreme Court of Pennsylvania
Filed
Jun 14, 2016
Status
Published
Author
Leadbetter
On the bench
Saylor, Wecht, Colins, Friedman, Leadbetter, Brobson, Strassburger
Cited by
24 cases

holding generalized claim that public disclosure of videotaped deposition could infringe upon appellant's privacy or cause him embarrassment insufficient to raise type of issue which is “too important to be denied review” under collateral order doctrine

How later courts described this case

  • holding generalized claim that public disclosure of videotaped deposition could infringe upon appellant's privacy or cause him embarrassment insufficient to raise type of issue which is “too important to be denied review” under collateral order doctrine
  • noting that tax returns are subject to privacy rights pursuant to state law and confidentiality under a federal statute
  • individuals have “privacy interest in information contained in federal tax returns. . . . Such information is made confidential per federal statute”
  • individuals have a “privacy interest in information contained in federal tax returns. … Such information is made confidential per federal statute.”

Written by the judges who cited it.

The opinion

Senior Judge LEADBETTER,

concurring.

I join in the thoughtful opinion of the court. I write separately simply to emphasize that, with respect to the second prong of the collateral order doctrine, appellant’s asserted claims of harm are simply too speculative to evaluate. Had the deposition gone forward and some concrete and substantial invasion of privacy occurred, application of the doctrine might have been in order. However, in the present posture it is impossible to say that appellant has any interest at all to protect, let alone one “too important to be denied review.”

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.

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