West Chester, PA – Lamb McErlane PC, a full service law firm, announced today that after 16 years of litigation in Basile v. H&R Block, the Pennsylvania Supreme Court ruled that the tax preparer did not waive its right to appeal the trial court’s decision to certify the case as a class certification. In 1993, Sandra Basile filed suit against H&R Block over its Rapid Refund program, claiming that what she believed was a rapid tax refund actually was a short-term, high interest loan from Mellon Bank. Basile claimed a breach of fiduciary duty and sought class certification.

The case hinged on the analysis of Pennsylvania Rules of Appellate Procedure 501 and 511. Justice Jane Cutler Greenspan concluded that the Superior Court erred in ruling that H&R Block was required to file an interlocutory appeal of the class certification order. The Supreme Court, hearing the case for the third time, ruled that a non-aggrieved party is not required to file a protective cross-appeal in order to preserve issues should the victory be overturned. The case was remanded to the Superior Court for consideration of the merits of the trial court’s order granting H&R Block’s motion for class decertification.

Justice Lamb said, “We are very, very pleased. Not only does Justice Greenspan’s Opinion comport with Rules 501 and 511, but it logically makes sense. An opposite ruling would unnecessarily inundate the court with superfluous litigation.”

The team of five attorneys that successfully presented the case includes: Justice William Lamb, and Partners Jim Sargent, Maureen McBride, John Cunningham and Scot Withers.