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27 Apr 2020, 11:00 pm by Daniel E. Cummins, Esq.
Nealon of the Lackawanna County Court of Common Pleas denied a Motion for Discovery Sanctions in a commercial litigation case.After being convinced by the Plaintiff that the Plaintiff had produced all responsive materials in his possession and had further offered executed authorizations for the Defendant to obtain other records, the court found that the defense had not established grounds for the granting of the Motion for Sanctions. [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]
21 Feb 2014, 6:00 am by Daniel E. Cummins
Nealon of the Lackawanna County Court of Common Pleas recently denied a motion for summary judgment legal malpractice and insurance policy and exclusions questions in the context of a real estate transaction and related title insurance in the Brogan case which has provided fodder on other related issues as previously summarized here on Tort Talk.In this latest decision out of the case, Judge Nealon denied the defendant's motions for summary judgment on the grounds that… [read post]
9 Mar 2020, 6:00 am by Daniel E. Cummins, Esq.
The competition will be next Wednesday, March 11, 2020 at 6:00 PM the Lackawanna County Courthouse.You can help make the event a success. [read post]
17 Nov 2014, 12:00 am by Daniel E. Cummins
O'Donnell of the O'Donnell Law Offices in Kingston, PA.Note that the materials are in excess of 200 pages and, as such, may take sometime to download.These materials were also utilized as part of my Civil Litigation Update presented at the Lackawanna County Bench Bar Conference in October.Thanks. [read post]
13 Apr 2012, 4:00 am
Schuylkill County's rate is tied with Clarion and Lackawanna counties for 56th lowest among the 67 counties in Pennsylvania. [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]
3 Jan 2018, 6:26 am by Daniel E. Cummins
  The court directed that any discovery disputes on the bad faith claim could be addressed through motions practice.In ruling that the bad faith claims would be bifurcated for purposes of trial, Judge Nealon elected to follow the procedure first espoused by Allegheny County Court of Common Pleas Judge R. [read post]
11 Jun 2010, 5:53 am by Daniel E. Cummins
., senior judge specially presiding in Lackawanna County, denied a carrier's preliminary objections seeking to preclude a bad faith claim in the automobile insurance first party benefits case of Skiro v. [read post]
6 Feb 2024, 5:00 am
Nealon of the Lackawanna County Court of Common Pleas granted a medical malpractice Defendant’s Moton to Compel a Plaintiff to provide various items in discovery. [read post]
21 Nov 2011, 3:33 pm by Daniel E. Cummins
Nealon of the Lackawanna County Court of Common Pleas addressed a statute of limitations issue in the context of a pro se plaintiff in an automobile accident case who sued the tortfeasor's liability insurer rather than the tortfeasor himself. [read post]
2 May 2012, 10:50 am by Daniel E. Cummins
.), Judge Terrence Nealon of the Lackawanna County Court of Common Pleas addressed the issue of whether the statute of limitations period applicable to a Plaintiff’s personal injury claim in an automobile accident litigation also governs the statute of limitations for a Defendant’s counterclaim for property damages arising out of the same accident. [read post]
19 Sep 2019, 5:29 am by Charles Gallmeyer
The US Court of Appeals for the Third Circuit held Tuesday that the County of Lackawanna Transit System (COLTS) violated the First Amendment rights of the Northeastern Pennsylvania Freethought Society (Freethought), an atheist group, by not allowing the group to advertise on COLTS’ buses. [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 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]
9 Sep 2020, 5:00 am by Daniel E. Cummins, Esq.
  This CLE course offers 1.5 Substantive credits.The program, which has been previously presented in Lackawanna County and Luzerne County, has  received enthusiastically postive reviews following the presentation program including comments such as "FABULOUS job! [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]