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Publication Date: 2019-04-08
Practice Area: Civil Procedure | Personal Injury
Industry: Retail
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0298
Although a trial in York County would be more convenient for defendants' managers, defendants failed to meet their heavy burden under Pa.R.Civ.P. 1006(d)(1) of establishing that the trial of this matter in Lackawanna County would be oppressive. The court denied defendants' petition to transfer venue.
Publication Date: 2019-04-08
Practice Area: Insurance Litigation
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0338
The court dismissed a counterclaim where defendant attempted to include additional parties without properly joining or serving them. Nothing in the counterclaim amounted to a defense against plaintiff's subrogation claim, so the court dismissed defendant's counterclaim.
Publication Date: 2019-04-01
Practice Area: Personal Injury
Industry: Food and Beverage
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0312
The court overruled preliminary objections regarding punitive damages, because prior case law held that recklessness could be alleged generally.
Publication Date: 2019-04-01
Practice Area: Discovery | Expert Witnesses | Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0309
The court granted a motion in limine barring a doctor from testifying at trial in this medical malpractice case, because defendant failed to produce the doctor's report before the close of discovery.
Publication Date: 2019-03-25
Practice Area: Contractual Disputes
Industry: Automotive
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0249
Defendant's motion for judgment on the pleadings was untimely, and furthermore, the pleadings did not contain sufficient facts regarding the statute of limitations.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2019-03-25
Practice Area: Civil Procedure | Class Actions | Tax
Industry: State and Local Government
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0308
The proposed settlement in this class action suit, filed by owners of multiple residential rental properties to challenge the City of Scranton's registration program for residential properties and corresponding registration and permit fees, was fair, reasonable and adequate. The court approved the proposed settlement pursuant to Pa.R.Civ.P. 1714(a).
Publication Date: 2019-03-11
Practice Area: Judges
Industry:
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0035
The commonwealth's motion for recusal was timely because ample time remained prior to the commencement of trial. The court granted the motion due to the appearance of impropriety.
Publication Date: 2019-03-04
Practice Area: Damages | Motor Vehicle Torts
Industry:
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0217
The court overruled preliminary objections where plaintiff alleged sufficient facts to support a claim for punitive damages in connection with a motor vehicle accident. Defendant entered a guilty plea to criminal charges associated with this accident, so plaintiff's allegations of alcohol and drug use were not "scandalous and impertinent."
Publication Date: 2019-03-04
Practice Area: Contracts
Industry: Construction
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0216
Plaintiff's allegations could support a finding that the defendant general contractor passively received the benefits of plaintiff's materials for which defendant earned a profit, such that it would be unjust, unconscionable or inequitable for defendant to retain that benefit without paying plaintiff. The court denied defendant's motion for judgment on the pleadings.
Publication Date: 2019-03-04
Practice Area: Civil Procedure | Motor Vehicle Torts | Personal Injury
Industry: Transportation
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0214
The court refused to dismiss plaintiff's claim for punitive damages given Pennsylvania precedent holding that allegations of a defendant's alleged wanton, willful and reckless conduct and other conditions of the mind may be averred generally in a pleading. The trial court overruled defendants' preliminary objections.
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