Kopacz’s attorney, in applying to have the case reinstated, blamed the coronavirus pandemic for falling behind on his cases, including the Kopacz lawsuit.
The lower court judge noted that Kopacz was removed from the 2018 lawsuit and the woman who filed the initial lawsuit eventually entered into a settlement with Galaxy. The judge said settlement talks may have yielded a different result if Kopacz’s complaint had been included. The appellate panel saw it differently, stating the judge voluntary raised the “entire controversy doctrine” that had not been brought up by either attorney; and that “likewise, here, the judge’s invocation of the entire controversy doctrine as grounds to dismiss plaintiff’s complaint contravened the basic principles of due process and circumvented the court rules.”
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