Pennsylvania Superior Court en banc arguments. One of the cases that I provided commentary was the case John J. Dougherty v. Karen Heller Yesterday the Superior Court issued a decision denying an appeal filed by John Dougherty a/k/a Johnny Doc.

Appellant John Dougherty, is the business manager of the International Brotherhood of Electrical Workers Local 98. He is also a former candidate for the Pennsylvania Senate. Dougherty brought a defamation action against Appellee Karen Heller, a writer for The Philadelphia Inquirer.  

This Superior Court appeal involved a discovery dispute regarding a videotaped deposition to be taken of Dougherty. Kellernotified Dougherty of his videotaped deposition at her counsel's office, which he attended. Once there he refused to give his videotaped deposition when Keller's counsel would not agree not to disseminate the video to any third party absent court permission. Keller filed a motion to compel Dougherty's videotaped deposition and for costs and fees related to the previous deposition.

Dougherty in turn filed a motion for protective order. On April 10, 2012, the trial court denied Dougherty's Motion for protective order and granted the motion to compel but denied the request for fees. The result was that Dougherty was to appear for his deposition without any limitations on the videotape's use. Dougherty then appealed the order as a collateral order to the Pa Superior Court.

The issues on appeal were as follows:

  1. Whether the orders are appealable as collateral orders? Or whether Dougherty was required to appeal at the end of the case?
  2. Whether the trial court erred in failing to find that Doughtery had a privacy interest which warranted the entry of a protective order prohibiting the public disclosure of the videotape deposition?

Yesterday the Pa Superior Court denied Johnny Doc's appeal. First they found that under the collateral order doctrine they did have jurisdiction. Second, they found that Johnny Doc failed to establish a compelling privacy interest which warranted the sealing of the videotape deposition.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.