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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.
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
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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.
Publication Date: 2022-06-20
Practice Area: Personal Injury
Industry: Insurance
Court: Courts of Common Pleas
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0658
The court refused to grant the defendant insurer judgment on the pleadings on plaintiff's promissory estoppel claim as pretrial discovery was necessary on the threshold issue of whether the insurer possessed the requisite authority to conclusively admit liability, as plaintiff alleged, on behalf of an insured. The court denied defendant's motion for judgment on the pleadings.
Publication Date: 2022-06-20
Practice Area: Wrongful Death
Industry: Transportation
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0580
The court denied defendant's motion for summary judgment because the record did not clearly show that the statute of limitations barred plaintiff's claims, and issues of fact remained with respect to the recovery of damages.
Publication Date: 2022-05-23
Practice Area: Civil Procedure
Industry: Legal Services
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0470
The record demonstrated that the continued litigation of this declaratory judgment action in Lackawanna County would be unduly burdensome for defendant, a Philadelphia law firm, and would significantly disrupt the firm's professional and personal obligations in the Philadelphia region. The court granted defendant's petition to transfer venue.
Publication Date: 2022-05-23
Practice Area: Damages
Industry: Retail
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0493
Plaintiff's punitive damages claim and related allegations of willful, wanton and reckless conduct survived defendant's preliminary objections since Pa.R.Civ.P. 1019(b) provides that such conditions of the mind may be averred generally. The court denied defendants' preliminary objections.
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