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22 Nov 2016, 5:00 am by Daniel E. Cummins
.), Senior Judge John Braxton, sitting for the Lackawanna County Court of Common Pleas, sustained several Preliminary Objections asserted by a nursing home care facility in a medical malpractice action. [read post]
21 Nov 2016, 10:30 am by Daniel E. Cummins
Nealon of the Lackawanna County Court of Common Pleas denied a defense request to seal settlement records in a medical malpractice case. [read post]
14 Nov 2016, 5:00 am by Daniel E. Cummins
Here is a LINK to a complimentary copy of the 60 page Tort Talk 2016 Civil Litigation Update booklet that I created for use at the recent Lackawanna Bench Bar Conference as well as the Luzerne County Bench Bar Conference.The Tort Talk 2016 Civil Litigation Update was created from the Tort Talk posts pertaining to notable decisions handed down over the past year or so and is offered here for the readers of Tort Talk.To the extent you may have a desire to pay… [read post]
4 Nov 2016, 5:00 am by Daniel E. Cummins
Nealon of the Lackawanna County Court of Common Pleas addressed the issue of the admissibility of the Affordable Care Act to challenge a Plaintiff’s future life care plan damages evidence. [read post]
25 Oct 2016, 5:00 am by Daniel E. Cummins
 There was one action pending in Susquehanna County and one action pending in the Lackawanna County Court of Common Pleas.Given that (1) the incident occurred in Susquehanna County, (2) the two cases involved the same theories of liability, (3) each case was supported by the same fact and expert witnesses, (4) Susquehanna County was the most convenient forum for the witnesses and (5) given that there was no connection with Lackawanna… [read post]
25 Oct 2016, 2:47 am by tortsprof
According to data from the Administrative Office of Pennsylvania Courts covering 2012-2014, Lackawanna County has 3.2 filings for every 1,000 residents, second in the state only to Philadelphia. [read post]
24 Oct 2016, 5:00 pm by The Public Employment Law Press
State Education Department: Baker Victory Services, Compliance with the Reimbursable Cost Manual (2015-S-57) Baker Victory, a not-for-profit organization located in Lackawanna, provides a variety of services to the Erie County community, including preschool special education services to children with disabilities. [read post]
30 Sep 2016, 5:00 am by Daniel E. Cummins
Nealon of the Lackawanna County Court of Common Pleas addressed a Defendant’s Motion to Amend its Answer and New Matter to the Plaintiff’s Complaint. [read post]
9 Sep 2016, 5:30 am by Daniel E. Cummins
Minora of the Lackawanna County Court of Common Pleas granted a Defendant’s Motion for Recusal. [read post]
3 Sep 2016, 8:17 am by Dean I. Weitzman, Esq.
A Pennsylvania woman was awarded a $4.25 million medical malpractice settlement from a Lackawanna County hospital after her twin babies were stillborn at delivery due to alleged improper treatment in 2009. [read post]
23 Aug 2016, 5:00 am by Daniel E. Cummins
Nealon of the Lackawanna County Court of Common Pleas reviewed Motions for Summary Judgment filed by various Defendants against punitive damages claims presented by the Plaintiffs. [read post]
8 Aug 2016, 5:00 am by Daniel E. Cummins
Nealon of the Lackawanna County Court of Common Pleas denied Motion for Summary Judgment in a shooting case on issues of whether or not a father and the father’s sporting goods business was vicarious liable for a shooting death caused by the father’s son as a result of a fatal shooting. [read post]
29 Jul 2016, 5:30 am by Daniel E. Cummins
Mazzoni of the Lackawanna County Court of Common Pleas granted a Plaintiff’s Motion for Summary Judgment and denied the insurance company’s cross-Motion for Summary Judgment in a case surrounding the validity of UIM rejection forms. [read post]
25 Jul 2016, 5:52 pm by Daniel E. Cummins
Nealon, also of Lackawanna County, on the same issue in the case of Brink v. [read post]
13 Jul 2016, 5:00 am by Daniel E. Cummins
Nealon of the Lackawanna County Court of Common Pleas in his recent decision in the case of Brink v. [read post]
28 Jun 2016, 10:43 am by Daniel E. Cummins
.), the Pennsylvania Superior Court affirmed Lackawanna County Court of Common Pleas Judge Terrence R. [read post]
9 Jun 2016, 7:04 am by Daniel E. Cummins
Gibbons of the Lackawanna County Court of Common Pleas issued what may be the first decision in the Commonwealth of Pennsylvania in which direct/corporate liability was extended to physicians professional groups or a private medical practice group, as opposed to vicarious liability.This medical malpractice action arose out of allegations of negligent care provided to the Plaintiff during treatment for cancer. [read post]