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14 Jun 2021, 6:21 am by Daniel E. Cummins, Esq.
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]
27 May 2021, 5:30 am by Daniel E. Cummins, Esq.
Nealon of the Lackawanna County Court of Common Pleas issued a detailed Order addressing Preliminary Objections filed by Plaintiffs seeking to strike numerous paragraphs in the Defendants’ New Matter under an argument that the affirmative defenses asserted by the medical malpractice Defendants are legally insufficient and/or without the requisite factual specificity or support.In his Order, Judge Nealon emphasized that Pennsylvania is a fact-pleading state and that pleadings… [read post]
25 May 2021, 5:00 am by Daniel E. Cummins, Esq.
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]
24 May 2021, 12:58 pm by Eugene Volokh
" The testimony of the Director of Veterans Affairs in Lackawanna County (David Eisele) established that these discharge conditions would relegate Crawford to the status of a civilian who would not be entitled to join any American Legion posts…. [read post]
21 May 2021, 5:00 am by Daniel E. Cummins, Esq.
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]
13 May 2021, 7:23 pm by Daniel E. Cummins, Esq.
Pleased to report I secured a defense verdict in a rear end auto accident case yesterday in Lackawanna County. [read post]
7 May 2021, 5:00 am by Daniel E. Cummins, Esq.
The Lackawanna County Court of Common PleasIn the case of Champi v. [read post]
22 Apr 2021, 5:00 am by Daniel E. Cummins, Esq.
Nealon of the Lackawanna County Court of Common Pleas found that enough buyer-seller activity occurred on the Defendant’s interactive website to establish general jurisdiction to allow the case to move forward in Pennsylvania. [read post]
31 Mar 2021, 6:56 pm by Daniel E. Cummins, Esq.
Stanton Wettick (ret.) approach) or (2) can be compelled to answer deposition inquiries regarding standard of care, medical opinion, and/or retrospective review of care (Lackawanna County Judge Terrence R. [read post]
22 Jan 2021, 5:00 am by Daniel E. Cummins, Esq.
” On Nov. 4, the Pennsylvania Supreme Court issued an order granting that application, thereby allowing the judges of Lackawanna County to reduce, or even eliminate, any peremptory challenges by any attorneys at a civil litigation trial. [read post]
15 Jan 2021, 5:00 am by Daniel E. Cummins, Esq.
Nealon of the Lackawanna County Court of Common Pleas addressed the admissibility of the expert testimony in a medical malpractice case. [read post]
5 Jan 2021, 11:00 pm by Daniel E. Cummins, Esq.
Nealon of the Lackawanna County Court of Common Pleas overruled an insurance agent’s Preliminary Objections filed in a case in which a gym and fitness center, which was required to close its premises and cease its business operations in compliance with the government orders issued in response to the COVID-19 pandemic.In addition to suing its commercial insurer under a declaratory judgment action seeking coverage for its pandemic related losses under an “all risk”… [read post]
4 Jan 2021, 5:00 am by Daniel E. Cummins, Esq.
Nealon of the Lackawanna County Court of Common Pleas has issued an interesting decision regarding the logistics of a civil trial being conducted with COVID-19 Pandemic restrictions and precautions in place.In Lackawanna County, certain larger courtrooms have been designated for use during trials due to the ability to allow for social distancing. [read post]