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5 Oct 2021, 5:00 am
Judge Gibbons also noted that he wished to remain consistent with the prior decisions out of Lackawanna County denying Motions to Bifurcate in post-Koken matters. [read post]
24 Sep 2021, 5:00 am
Tort Talkers may recall the previous blog post on the decision by Lackawanna County Court of Pleas Judge Terrence R. [read post]
10 Sep 2021, 5:30 am
The ZOOM CLE seminar being put on for Lackawanna County entitled "Back To School With Tort Talk: A Civil Litigation Update" has been moved from September 14, 2021 to September 22, 2021 at noon.The reason for the change is that this CLE conflicted with another CLE that was already on the Bar's calendar.If you are already registered, there is NO NEED to re-register.However, if you are unable to attend the new date, the Bar requests that you please let the Bar know by… [read post]
7 Sep 2021, 5:30 am
2 Sep 2021, 10:30 pm
Nealon of the Lackawanna County Court of Common Pleas denied a certain Defendants’ Motion In Limine to preclude hearsay testimony in a medical malpractice action. [read post]
2 Sep 2021, 5:43 pm
Sending out a notice to confirm that the upcoming CLE entitled "Back To School: A Civil Litigation Update From Tort Talk" that is being put on for the Wilkes-Barre Law Library Association on September 9th and for the Lackawanna Bar Association on September 14th are BOTH THE SAME PRESENTATION. [read post]
31 Aug 2021, 5:30 am
24 Aug 2021, 5:30 am
17 Aug 2021, 6:02 pm
Karen Boback, a Republican whose district includes parts of Luzerne and Lackawanna counties, says she is going to introduce legislation that provides penalties for walkers who are inattentive while crossing a street or highway.In a memo to legislative colleagues seeking co-sponsors for her bill, Boback said that distracting walking is a “very real and serious issue. [read post]
13 Aug 2021, 5:00 am
The court noted that, unlike the other Lackawanna County case on similar issues such as The Scranton Club v. [read post]
12 Aug 2021, 11:00 pm
Nealon of the Lackawanna County Court of Common Pleas denied a carrier’s Motion for Judgment on the Pleadings in a declaratory judgment action in which the Yankees Triple A Minor League baseball team sought to recover under the business interruption and civil authority coverage contained in its “all-risk” policy for the revenues lost and expenses incurred due to the presence of the COVID-19 virus on its covered premises and the resulting cancellation of games to… [read post]
10 Aug 2021, 6:27 am
As you may recall, we discussed Palmiter in 2019, when the case was filed, and again in 2020 when the Lackawanna County Court of Common Pleas recognized the right of an employee to sue an employer for discrimination under the MMA – the first court in Pennsylvania to do so. [read post]
30 Jun 2021, 2:24 pm
The Lackawanna County trial court was faced with allegations of a mother’s chronic instability in the context of an emergency petition for special relief. [read post]
30 Jun 2021, 5:00 am
In the case of Janiszewski v. [read post]
23 Jun 2021, 5:00 am
Nealon of the Lackawanna County Court of Common Pleas addressed Preliminary Objections in a convoluted civil litigation, which Preliminary Objections were based, in part, upon a statute of limitations defense.The court noted that this matter began as an ejectment action in 2006 and had since spawned three (3) additional lawsuits, with the current lawsuit being an action claiming wrongful use of civil proceedings that were instituted in an earlier lawsuit asserting wrongful use of… [read post]
21 Jun 2021, 8:00 am
Nealon of the Lackawanna County Court of Common Pleas found that there was evidence upon which a jury could conclude that the treating medical provider at issue was an agent of the hospital at the time the treatment was provided. [read post]
15 Jun 2021, 9:04 pm
Pleased to report that I secured a defense verdict in a rear end auto accident case yesterday in Lackawanna County. [read post]
14 Jun 2021, 2:44 pm
Nealon of the Lackawanna County Court of Common Pleas issued another decision that continues the uniformity of decisions out of this county ruling that a Plaintiff may assert claims of recklessness in any personal injury litigation whatsoever.The court again relied upon the case of Archibald v. [read post]
14 Jun 2021, 10:06 am
Munley of the Lackawanna County Court of Common Pleas addressed Preliminary Objections that raised the primary issue of whether or not the Plaintiff had made a good faith effort to notify the Defendant of the commencement of the litigation with the service of the Complaint. [read post]
14 Jun 2021, 10:06 am
Gibbons of the Lackawanna County Court of Common Pleas addressed a Motion for Summary Judgment filed by the Defendant, Valley View School District, in a case in which the Plaintiff's decedent was standing along the sidelines of a high school football game and was hit by players who spilled onto the sidelines during a play, which caused the decedent to be propelled backwards, as a result of which he ultimately fell backwards and struck his head on an asphalt surface which… [read post]
