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3 Aug 2015, 8:03 am by Daniel E. Cummins
Nealon of the Lackawanna County Court of Common Pleas to the list of presenters set for the September 24, 2015 Tort Talk Expo set to take place at the Mohegan Sun Casino in Wilkes-Barre, Pennsylvania.Judge Terrence R. [read post]
7 Feb 2018, 5:00 am by Daniel E. Cummins
.), the Lackawanna County Court of Common Pleas granted in part and denied in part a Plaintiff's motion to compel relative to requested additional discovery responses from, and a supplemental deposition of, a defendant doctor.In this case, the Plaintiff attempted to secure the additional deposition of the doctor after the Plaintiff had certified the case for trial under a certification that all discovery had been completed. [read post]
26 Aug 2013, 7:11 pm by Daniel E. Cummins
Nealon of the Lackawanna County Court of Common Pleas denied a Plaintiff's Post-Trial Motion asserting that the defense medical expert was impermissibly allowed to testify beyond the fair scope of his report in an auto accident trial. [read post]
8 Dec 2017, 5:00 am by Daniel E. Cummins
Here is a LINK to a complimentary copy of the 62 page Tort Talk 2017 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 2017 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 free of charge for the readers of Tort Talk.To the… [read post]
10 Nov 2017, 5:00 am by Daniel E. Cummins
Here is a LINK to a complimentary copy of the 62 page Tort Talk 2017 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 2017 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 free of charge for the readers of Tort Talk.To the extent you… [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]
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]
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]
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]
24 Feb 2023, 5:00 am
Nealon of the Lackawanna County Court of Common Pleas in which the trial court sustained Preliminary Objections filed by various Defendants that resulted in the dismissal of the Plaintiff’s Dragonetti Act claims in a dispute between parties over an alleged claims of wrongful use of civil procedures that arose out an earlier legal malpractice suit. [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]
15 Feb 2012, 1:17 pm by Daniel E. Cummins
The Plaintiff countered that venue was proper in Lackawanna County as the agency Defendant regularly conducted business in Lackawanna County. [read post]
5 Apr 2012, 4:24 am by Joe Price
The Lycoming County Commissioners voted yesterday to approve the new state Impact fee on gas drilling wells in the county. [read post]
13 Apr 2010, 7:00 am by Lucas A. Ferrara, Esq.
Cuomo's office also filed a motion seeking to force Cascino and his businesses, 13 Lackawanna Properties, LLC and Copake Valley Farm, LLC to comply with a 2007 court settlement barring any dumping at his farm on Lackawanna Road in Copake. [read post]
6 Jan 2020, 2:00 am by Daniel E. Cummins, Esq.
Should a Defendant physician in a medical malpractice case be required to answer questions regarding the standard of care applicable to the treatment she or he provided? [read post]