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Publication Date: 2023-01-30
Practice Area: Contracts
Industry: Real Estate | Transportation
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 21 CV 5426
The court sustained defendant company's preliminary objections to plaintiff's complaint sounding in claims arising under the Fifth Amendment's Takings Clause. Specifically, applying basic contract principles, the court found that a settlement agreement binding the parties' predecessors-in-interest barred future litigation regarding the property.
Publication Date: 2023-01-23
Practice Area: Real Estate
Industry: Real Estate | Retail | State and Local Government
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22 CV 4632
The court granted the state's petition seeking to enjoin a business from operating on the basis that the business was a drug-related nuisance under the Drug Nuisance Law and Pennsylvania common law. The court pointed to complaints which sufficiently described the negative effect the businesses had on the area and determined that enjoinment was warranted.
Publication Date: 2023-01-16
Practice Area: Contractual Disputes
Industry: Accounting | Hospitality and Lodging
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22 CV 2650
The court denied a motion to hold a defendant in contempt of court for failure to produce documents that were court-ordered for production pursuant to a stipulated settlement agreement. The court reviewed the evidence and found that defendant had established that the requested documents did not exist and therefore, defendant did not act intentionally or willfully in failing to produce the documents.
Publication Date: 2022-12-26
Practice Area: Real Estate
Industry: Construction | Real Estate
Court: Commonwealth Court, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22 CV 1189
The court found for plaintiff in an ejectment action seeking to eject a defendant who had defaulted on her mortgage nearly 12 years ago and had forfeited the property to plaintiff during a sheriff's sale. Moreover, although defendant filed numerous frivolous filings, the court dismissed the arguments and further granted the plaintiff's request for sanctions.
Publication Date: 2022-10-31
Practice Area: Contractual Disputes
Industry:
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 19 CV 437
Court denied defendant's motion to strike or in the alternative reopen the judgment. Although defendant argued he failed to respond to the court's service of the complaint and subsequent default judgment, he failed to articulate a viable reason for his actions or for his untimeliness in filing the motions. Therefore, the court denied the motion.
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Publication Date: 2022-10-31
Practice Area: Damages
Industry: Health Care
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22 CV 1361
The court granted a motion to strike a lis pendens on the grounds that plaintiff simply sought punitive and compensatory damages and the relief sought did not arise out of allegations concerning the land at issue. Therefore, because plaintiff did not advance any claim in her pleadings regarding any right, title, or interest in the properties, the court granted defendant's motion to strike.
Publication Date: 2022-10-24
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22 CV 1675
Court denied petitioner's petition to vacate an arbitration award and affirmed the opinion and award of the appointed arbitrator. The court found that under the "exceptionally deferential standard" of the essence test, petitioner failed to meet their burden to establish that the arbitrator's award "indisputably and genuinely was without foundation in, or failed to logically flow from, the collective bargaining agreement."
Publication Date: 2022-10-03
Practice Area: Insurance Litigation
Industry: Insurance
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 16 CV 4801
Court granted a motion to amend a jury's verdict awarding funds in excess of an under-insured motorist policy stating the Pennsylvania and Federal courts have limited recoverable amounts to the under-insured motorist amounts.
Publication Date: 2022-09-26
Practice Area: Civil Procedure
Industry: Legal Services | State and Local Government
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22 CV 2753
The court declined to hold a hearing on plaintiff's request for a preliminary injunction where defendant had executed a stipulation granting defendant the exact relief he sought, i.e., consent to a stipulation enjoining defendant and her colleagues from accessing the emails and stored data of the Lackawanna County District Attorney's Office. The court issued upon plaintiff a rule to show cause.
Publication Date: 2022-09-26
Practice Area: Civil Procedure
Industry:
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 21 CV 2465
The court granted defendants' request to transfer venue on forum non-conveniens grounds due to the fact that the accident occurred in the requested venue and the defendant and defendants' employees/witnesses are in the requested venue. The court noted that defendants satisfied their burden of demonstrating that the initial venue was oppressive and the venue defendants sought provided better access to material witnesses and other sources of proof.
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