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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.
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.
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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.
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.
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