City of Philadelphia v. U.S. Gypsum Co., 23 Phila. 21

Summary

The gypsum company asserted that it could not receive a fair and impartial trial in the city because of a likelihood that jurors, as taxpayers, would have a bias in favor of the city. The court denied the motion to certify, finding that the gypsum company had not shown, pursuant to 42 Pa. Cons. Stat. § 702(b), that the order involved a controlling question of law as to which there was substantial ground for difference of opinion and that immediate appeal from the order could materially advance the ultimate termination of the matter. The court observed that transferring cases based on such weak bias allegations would not be sound public policy and would be detrimental to judicial economy.