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Publication Date: 2022-09-26
Practice Area: Civil Procedure
Industry: Cargo and Shipping | Transportation
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 19 CV 1498
The court refused to seal a proposed settlement and related filings in this wrongful death and survival action as the parties' agreement to seal was not binding on the court and defendants failed to identify any clearly defined, serious injury that they or others would suffer if the judicial records were not sealed. The court denied defendants' petition.
Publication Date: 2022-09-19
Practice Area: 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 2753
Court denied the motion to stay a preliminary injunction hearing, finding that if the request for preliminary injunction had merits under governing law, it would be granted at the hearing and reviewed under the appropriate standards requiring the movant to establish a likelihood of success.
Publication Date: 2022-09-19
Practice Area: Damages
Industry: Real Estate
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22 CV 1166
The court's choice of law analysis in this personal injury case revealed a true conflict given that New Jersey and Pennsylvania laws would not produce the same result on plaintiff's punitive damages claims; thus, Pennsylvania law controlled since the state's policy interests would be furthered by application of its law. The court overruled defendants' preliminary objection.
Publication Date: 2022-08-29
Practice Area: Personal Injury
Industry: Education
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0927
Plaintiff's complaint made a prima facie showing of a duty on the part of the defendant property owner where she claimed the owner was negligent in failing to provide spectator bleachers with designated stairs and railings for people ascending the bleachers or to warn of the dangerous condition created by the absence of stairs or railings. The court overruled in part defendant's preliminary objections.
Publication Date: 2022-08-29
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0928
Since defendants failed respond to the plaintiff bank's allegations in a motion for summary judgment in this mortgage foreclosure action, there were no issues of material fact regarding the existence of the mortgage, the default on their obligations and the amount defendants owed to plaintiff on the mortgage. The court granted plaintiff's motion for summary judgment.
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Publication Date: 2022-08-15
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0813
Plaintiff's complaint in this credit card collection suit satisfied Pa.R.Civ.P. 1019(i) and the holding in Atlantic Credit & Finance, Inc. v. Giuliana where an exemplar of defendant's cardholder agreement, proof of the assignment of defendant's account and monthly statements reflecting charges and payments were attached. The court overruled defendant's preliminary objections.
Publication Date: 2022-08-08
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0818
An unexcused violation of §502A(a) of the Dangerous Dog Law, which establishes the summary offense of harboring a dangerous dog for any owner whose dog attacks or inflicts severe injury on a person without provocation if the dog has a history of attacking or a propensity to attack without provocation, constitutes negligence per se. The court overruled defendants' preliminary objections.
Publication Date: 2022-07-25
Practice Area: Medical Malpractice
Industry:
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0762
Court denied defendants' preliminary objections in medical malpractice case. Although the multiple defendants generally argued plaintiff failed to plead several of the claims with specificity, the court denied these arguments noting that the complaint was aptly pled, placing the defendants on sufficient notice of the claims they would need to defend.
Publication Date: 2022-07-04
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0668
Plaintiff, an assignee of Citibank, commenced a credit card litigation against defendant for failure to pay credit card debt. Plaintiff did not attach any supporting documentation to its pleading. Defendant filed a demurrer, alleging noncompliance with Pennsylvania Rule of Civil Procedure §1019 (i). Defendant thereafter filed an amended complaint, which, included documentation containing the terms and conditions of the credit card agreement, evidence of the assignment of debt, and a bill of sale of the debt. Plaintiff further alleged
Publication Date: 2022-06-27
Practice Area: Litigation
Industry: Construction
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0656
Court denied request to strike a counterclaim finding that the plaintiff failed to establish the counterclaim was clearly subject to dismissal under Rule 1028(a)(6) due to the pendency of a prior action. In reaching their decision, the court reviewed the Pennsylvania Rule of Civil Procedure §1031 which "imposes no limitation that the cause of action arise from the same factual background as the plaintiff's cause of action" and therefore was inapplicable in this matter.
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