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2 Jun 2016, 5:00 am by Daniel E. Cummins
Nealon of the Lackawanna County Court of Common Pleas addressed claims for negligent infliction of emotional distress in the context of a medical malpractice case. [read post]
12 May 2016, 7:34 am by Daniel E. Cummins
Nealon of the Lackawanna County Court of Common Pleas denied a defense motion in limine raising Frye issues pertaining to the Plaintiff's proposed expert testimony by an expert in neonatal and perinatal medicine.This medical malpractice action arises out of the stillbirth of twins at 33.4 gestational age. [read post]
3 May 2016, 5:34 pm by Daniel E. Cummins
Mariani granted a Plaintiff's Motion for Remand in a case involving a carrier's demand that the Plaintiff secure and produce a final lien letter from Medicare prior to any need by the carrier to issue a settlement payment following a motor vehicle accident.This matter was originally filed by the Plaintiff in the Lackawanna County Court of Common Pleas as a Petition assterting that the carrier's requirement that the Plaintiff… [read post]
18 Apr 2016, 5:13 am by Daniel E. Cummins
Mazzoni of the Lackawanna County Court of Common Pleas ruled that a Plaintiff's treating doctor could be compelled to respond to Cooper Interrogatories seeking bias information, including financial information relative to the experts medical-legal activities.UPDATE:  On April 14, 2016, the trial court in Mina issued a detailed Order granting the Plaintiff's Motion for Reconsideration and reversing its original decision. [read post]
7 Apr 2016, 5:00 am by Daniel E. Cummins
Nealon of the Lackawanna County Court of Common Pleas denied the hospital’s Motion to Strike the vicarious liability claim based upon the negligence of unidentified agents after noting that the Pennsylvania Superior Court recently concluded an another matter that a principal may be vicarious liable for the negligence of agents who are unnamed within a Complaint or referred to as a unit. [read post]
4 Apr 2016, 12:10 pm by Daniel E. Cummins
The Link to yesterday's reference to Lackawanna County Judge Terrence R. [read post]
4 Apr 2016, 5:00 am by Daniel E. Cummins
   This matter came before Judge Nealon on an appeal from a decision by the discovery master (Henry Burke, Esquire) in the Lackawanna County Court of Common Pleas. [read post]
9 Mar 2016, 5:00 am by Daniel E. Cummins
Nealon of the Lackawanna County Court of Common Pleas addressed a Motion for Summary Judgment filed by a Defendant employer to a Plaintiff’s tort action seeking compensatory and punitive damages against a plumbing supply business for negligent supervision of its employee who allegedly lured the Plaintiff’s minor daughter into his company-leased vehicle and allegedly entrapped the minor in that vehicle and allegedly had indecent contact with the minor. [read post]
7 Mar 2016, 5:00 am by Daniel E. Cummins
Nealon of the Lackawanna County Court of Common Pleas addressed the right of a Defendant to assert a Fifth Amendment privilege against self-incrimination in a case brought by the estate of a shooting victim against the adult shooter and his father. [read post]
25 Feb 2016, 5:00 am by Daniel E. Cummins
Nealon of the Lackawanna County Court of Common Pleas denied a Defendant hospital’s Motion for Summary Judgment on the Plaintiff’s ostensible agency theory of liability for an independent contractor physician. [read post]
22 Feb 2016, 5:30 am by Daniel E. Cummins
   There was no contention by the Plaintiff that the Defendant could have been served in Lackawanna County or that the accident occurred in Lackawanna County. [read post]
3 Feb 2016, 5:00 am by Daniel E. Cummins
Nealon of the Lackawanna County Court of Common Pleas addressed the issue of a Defendant seeking to be dismissed from a lawsuit by way of a Discontinuance when the entire lawsuit has not yet concluded. [read post]
29 Jan 2016, 2:47 pm by Eugene Volokh
County of Lackawanna Transit System, the county bus system refused to run ads for the society that said “Atheist. [read post]
28 Jan 2016, 5:00 am by Daniel E. Cummins
Minora of the Lackawanna County Court of Common Pleas addressed various issues raised by a Plaintiff in a Motion for Post-Trial Relief following a medical malpractice case. [read post]
27 Jan 2016, 12:54 pm by Daniel E. Cummins
Scranton Quincy Hospital decision regarding discovery of internal hospital documents in a medical malpractice case issued by Judge Terrence R Nealon of the Lackawanna County Court of Common Pleas which was the subject of a December 17, 2015 post here on the Tort Talk Blog has also been reviewed by The National Law Review.To review that January 27, 2016 National Law Review article entitled Peer Review Protection Act Does Not Shield All Internal Hospital… [read post]
22 Jan 2016, 5:00 am by Daniel E. Cummins
Nealon of the Lackawanna County Court of Common Pleas addressed discovery issues pertaining to the parameters of a deposition of a Defendant doctor and a Defendant hospital’s nurse. [read post]
14 Jan 2016, 10:16 am by John Floyd
  One of those making the charge was a former Lackawanna County assistant district attorney Kathleen Kane. [read post]