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After 24 years, 22 in litigation, it appears Berg v. Nationwide finally reached an end yesterday when the Supreme Court, in a split decision, dismissed plaintiffs’ appeal.  To quote:


AND NOW, this 25th day of August, 2020, the Court being divided in a fashion which prevents a majority disposition, the appeal is DISMISSED. The application to file a post-argument submission is DISMISSED as moot.

Justice Donohue did not participate in the consideration or decision of this matter.”

A copy of the Supreme Court’s Per Curiam Order can be found here.

Justice Wecht wrote a 60-page opinion in favor of reversal, a copy of which can be found here.  Justice Saylor wrote a 24-page opinion in favor of affirmance, a copy of which can be found here.

A summary of the Superior Court’s 2018 decision is posted here, and amendment thereto is posted here.  These are now the final rulings in this case.

A summary of Judge Sprecher’s 2014 trial court decision awarding $21,000,000, reversed by the Superior Court in its now final decision, can be found here.

Judge Sprecher’s ruling followed an earlier 2012 Superior Court decision in Berg (44 A.3d 1164), summarized here. This 2012 opinion has proven influential. A quick search shows it being cited over 70 times by courts, and tens of times in secondary materials.  The 2012 Berg opinion was authored by then Superior Court Judge Donohue, who, as Justice Donahue, did not participate in this Supreme Court decision dismissing the appeal.