When the Superior Court of Pennsylvania threw out Spector Gadon & Rosen’s and partner Alan Epstein’s appeal of a judgment against them in a referral fee dispute because the 104 issues complained of on appeal weren’t concise, Epstein sued his personal attorneys at Saul Ewing for malpractice.

That left Philadelphia Common Pleas Judge Frederica Massiah-Jackson to determine the “case within the case,” or whether Epstein and Spector Gadon would have won on the merits at the Superior Court level had the 1925(b) statement drafted by Saul Ewing not been tossed for its length. Massiah-Jackson found Epstein and Spector Gadon would have succeeded in reversing the trial judge’s decisions in the underlying case.