Old Forge School District, et al, Aplts v. Highmar, Inc., et al (Concurring Opinion)

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[J-82-2007] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT OLD FORGE SCHOOL DISTRICT, LAWRENCE S. HERMAN, D.C., NACHAS, INC., JASON H. HERMAN, ROBERT PETTY, R.G. PETTY MASONRY, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, : : : : : : : : Appellants : : v. : : HIGHMARK INC., D/B/A HIGHMARK : BLUE CROSS BLUE SHIELD AND : PENNSYLVANIA BLUE SHIELD, A NON- : PROFIT PENNSYLVANIA : CORPORATION, HOSPITAL SERVICE : ASSOCIATION OF NORTHEASTERN : PENNSYLVANIA, D/B/A BLUE CROSS : OF NORTHEASTERN PENNSYLVANIA, : COMMONWEALTH OF PENNSYLVANIA, : INSURANCE DEPARTMENT AND : INSURANCE COMMISSIONER OF THE : COMMONWEALTH OF PENNSYLVANIA, : : Appellees : No. 61 MAP 2006 Appeal from the Order of the Commonwealth Court entered on March 21, 2006 at No. 276 MD 2005 which granted Respondent's Application for Attorney Fees SUBMITTED: September 12, 2006 CONCURRING OPINION MR. JUSTICE BAER FILED: June 27, 2007 Although I dissented in our recent decision of Miller v. DeWeese, 907 A.2d 1051 (Pa. 2006) (Baer, J. dissenting), a fractured decision of our Court with only five participating justices, I join the Majority opinion in full based on stare decisis. While I am bound to follow this Court s prior precedent, I continue to believe that piecemeal litigation is not good public policy and should be disfavored. [J-82-2007] - 2

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