Search for: "The County of Lackawanna"
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17 Jan 2022, 5:00 am
The Pennsylvania Supreme Court ruled that the trial court in Lackawanna County correctly applied the in pari delicto doctrine and, as such, the lower court’s decision was affirmed. [read post]
21 Jun 2021, 8:00 am
Nealon of the Lackawanna County Court of Common Pleas found that there was evidence upon which a jury could conclude that the treating medical provider at issue was an agent of the hospital at the time the treatment was provided. [read post]
21 Mar 2022, 5:00 am
Nealon of the Lackawanna County Court of Common Pleas granted a Motion for Judgment on the Pleadings relative to a promissory estoppel claim asserted by the Plaintiff in the slip and fall case of McCullon v. [read post]
18 Feb 2015, 6:30 am
MinoraLackawanna CountyJudge Minora essentially denied the Defendant's appeal from the decision of the Lackawanna County Special Trial Master as untimely but went on to note how he would have ruled on the merits. [read post]
9 Oct 2018, 5:00 am
Nealon of the Lackawanna County Court of Common Pleas recently addressed a Motion for Protective Order to Preclude the Completion of a Deposition Due to the Deponent's Anxiety in the wrongful death medical malpractice case of Ezrin v. [read post]
25 Feb 2016, 5:00 am
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]
25 May 2021, 5:00 am
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]
3 Nov 2015, 5:00 am
Minora of the Lackawanna County Court of Common Pleas denied a Plaintiff’s Motion for Post-Trial Relief following a bench trial on a declaratory judgment action involving an insurance coverage issue under a homeowner’s policy. [read post]
24 Jul 2023, 5:00 am
In her decision, Judge Munley cited to previous decisions by her colleague on the Lackawanna County Court of Common Pleas, Judge Terrence R. [read post]
2 Apr 2024, 5:00 am
Nealon of the Lackawanna County Court of Common Pleas addressed Preliminary Objections filed by the owner and operator of a skilled nursing home facility seeking to compel the Plaintiff to submit this litigation to binding Arbitration pursuant to an Arbitration Agreement. [read post]
21 Mar 2024, 5:00 am
.), the Court remanded the case back to the state court after finding that the defendant’s notice of removal was procedurally defective in that it was untimely.According to the opinion, this matter arose out of the alleged termination of the plaintiff’s employment while he pursued worker’s compensation benefits.The plaintiff originally filed suit in the Lackawanna County Court of Common Pleas. [read post]
20 Jun 2022, 5:00 am
Nealon of the Lackawanna County Court of Common Pleas addressed issues related to a post-injury Release/Settlement as compared to a pre-injury exculpatory agreement.By way of background, the Plaintiff in this matter, who had dental implants inserted and later removed by the Defendant dentist, executed a “refund of money and release of liability” agreement under which the dentist refunded the Plaintiff’s earlier payment for the implant procedures in exchange for a… [read post]
4 Nov 2021, 5:00 am
Minora of the Lackawanna County Court of Common Pleas addressed a Plaintiff’s Motion to Compel what the Plaintiff had dubbed as “forgery based discovery. [read post]
18 Jan 2022, 4:58 am
Nealon of the Lackawanna County Court of Common Pleas reviewed the Motion under the applicable standards set forth pursuant to Pa. [read post]
14 Jun 2021, 10:06 am
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]
23 Oct 2020, 3:00 am
Lackawanna County Court of Common PleasIn the case of Rogowski v. [read post]
28 Dec 2023, 11:00 pm
Nealon of the Lackawanna County Court of Common Pleas addressed various Preliminary Objections filed by Defendants in a medical malpractice case.In part, the hospital Defendant filed Preliminary Objections in the nature of a demurrer to the Plaintiff’s vicarious liability claims for failing to identify its alleged agents by name and failing to specify their agency authority. [read post]
7 Sep 2022, 5:00 am
Nealon of the Lackawanna County Court of Common Pleas reviewed Pennsylvania precedent and confirm that, absent bad faith liability on the part of the UIM carrier, the law of Pennsylvania limits the maximum legally recoverable damages in a UIM trial to the UIM policy limits set forth in the insurance contract and requires that an award that is in excess of those policy limits be molded down to the amount of the UIM policy limits. [read post]
3 Apr 2017, 5:00 am
Nealon of the Lackawanna County Court of Common Pleas addressed a Plaintiff’s Motion for Sanctions under Pa. [read post]
30 Sep 2016, 5:00 am
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]
