Search for: "Matter of Nealon" Results 1 - 20 of 257
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11 Apr 2011, 10:59 am by Daniel E. Cummins
While Judge Nealon ruled that the claims could be consolidated under one caption, he ultimately ruled that the cases should be severed under the venue issue presented in this matter. [read post]
23 Apr 2013, 7:08 pm by Daniel E. Cummins
Nealon of the Lackwanna County Court of Common Pleas has weighed in on the Facebook Discovery question as a case of first impression in the matter of Brogan v. [read post]
8 Apr 2012, 8:04 am by Daniel E. Cummins
Of note in this decision is Judge Nealon’s analysis of the gist of the action doctrine and its impact on the Plaintiff’s claim for negligent infliction of emotional distress and other tort claims pled in this matter. [read post]
13 Nov 2012, 1:25 pm by Daniel E. Cummins
Nealon of the Lackawanna County Court of Common Pleas addressed the discoverability of a Plaintiff’s records related to his alcohol abuse and mental health treatment in a medical malpractice matter. [read post]
16 Aug 2013, 7:27 am by Daniel E. Cummins
While Judge Nealon noted in his Opinion that looking away from the road at a GPS on a smart phone to the point of distraction could arguably amount to reckless conduct to support a punitive damages claim, the record before the court in this particular matter failed to contain any evidence to support the claim that the defendant driver was indeed so distracted at the time of the accident. [read post]
16 Aug 2013, 7:27 am by Daniel E. Cummins
While Judge Nealon noted in his Opinion that looking away from the road at a GPS on a smart phone to the point of distraction could arguably amount to reckless conduct to support a punitive damages claim, the record before the court in this particular matter failed to contain any evidence to support the claim that the defendant driver was indeed so distracted at the time of the accident. [read post]
7 Aug 2012, 4:24 pm by Daniel E. Cummins
In this matter, the Plaintiff had been given the wrong address for the IME doctor by his own attorney. [read post]
3 Feb 2016, 5:00 am by Daniel E. Cummins
  Anyone wishing to read this Opinion by Judge Nealon in the Lapinski case may click this LINK.Commentary:  It would appear that the ruling and reasoning of Judge Nealon in this medical malpractice case could be applied in other types of civil litigation matters where a party Defendant requests a Discontinuance in a multi-Defendant matter where the Plaintiff agrees to forego any claims against that Defendant and where there are no cross-claims… [read post]
16 Apr 2015, 6:40 pm by Daniel E. Cummins
   However, Judge Nealon did rule that separate coverage issues presented with respect to the UIM claim should and would be bifurcated from the liability and damages claims presented in the negligence and UIM matter. [read post]
6 Mar 2014, 6:00 am by Daniel E. Cummins
  The court also reviewed the law on the validity of indemnification clauses and found that the language in the clause at issue in this matter did not satisfy the requirements under the Worker's Compensation Act to allow for a waiver of the immunity afforded by that Act. [read post]