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  • Bellersen v. Gill

    Publication Date: 2021-12-06
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1339

    The court held that defendant was allowed to file an amended answer admitting certain allegations in plaintiff's complaint two years after filing his original answer, but prior to completion of discovery because there was no prejudice to plaintiff. Motion granted.

  • Barbarevech v. Tomlinson

    Publication Date: 2021-11-22
    Practice Area: Discovery
    Industry: Transportation
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1256

    The court ordered defendants to answer plaintiffs' discovery and produce representatives for deposition with no objection from defendants, but defendants were not entitled to a protective order to bar corporate designee from testifying to subjective opinions. Motion for protective order denied.

  • Auto Club Ins. Ass'n v. Enter. Holdings, Inc.

    Publication Date: 2021-11-22
    Practice Area: Civil Procedure
    Industry: Insurance | Transportation
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1255

    The court held that defendant was properly served with a writ of summons filed within statutory time limits, and that defendant did not suffer prejudice such that the complaint did not fail for untimely prosecution. Defendant's motion to dismiss denied.

  • J.C. v. Horizon Med. Corp. P.C.

    Publication Date: 2021-11-15
    Practice Area: Civil Procedure
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1217

    Plaintiff properly joined the individual defendant's employer in this suit arising from alleged sexual abuse since the expanded statute of limitations set forth in 42 Pa.C.S. §5533(b)(2)(i.1) was intended to apply to individual offenders as well as their "institutional enablers and principals." The court overruled defendant's preliminary objections.

  • Rao v. Menzel

    Publication Date: 2021-11-01
    Practice Area: Corporate Entities
    Industry: Real Estate
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1129

    Defendant's claim that the parties' partnership agreement could only be construed as creating a "cash capital account" and that such an account could not serve as a basis for the relief plaintiff sought failed because he did not demonstrate that the only possible interpretation of the agreement was that it solely established a "cash capital account" and that the creation of such an account foreclosed any liability for his alleged breach. The court denied defendant's motion for summary judgment.

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  • Fisher v. Corr. Care, Inc.

    Publication Date: 2021-10-04
    Practice Area: Law Firm Client Relationships
    Industry: Health Care | Legal Services
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0975

    Defense counsel complied with Pa.R.Civ.P. 1012 in seeking to withdraw and articulated cognizable grounds for permissive withdrawal, including the client's chronic failure to pay for professional services and irreconcilable differences regarding the proper course of action in defending this suit. The court granted counsel's petition to withdraw.

  • Durkovic v. Wallace

    Publication Date: 2021-09-20
    Practice Area: Contractual Disputes
    Industry: Real Estate
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0948

    Defendants' objections to plaintiffs' complaint were overruled where property owners stated a cognizable claim for slander of title by alleging that 1) former son-in-law maliciously filed a lis pendens notice which falsely represented that title to plaintiffs' real estate was at issue in the divorce action, 2) former son-in-law intended to cause, and did cause, pecuniary loss to plaintiffs as a result and 3) he lacked a good faith belief or probable cause to file the lis pendens notice.

  • Brown's Gym, Inc. v. Cincinnati Ins. Co.

    Publication Date: 2021-08-16
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0834

    Plaintiff adequately alleged physical loss or damage to its property under the contamination theory in this suit seeking losses resulting from coronavirus-related closures where the company specifically alleged that the COVID-19 virus was actually present on its covered premises and neighboring properties and that all public access was prohibited. The court overruled defendant's preliminary objections.

  • Florimonte v. Borough of Dalton

    Publication Date: 2021-08-09
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0808

    While defendant's delay in filing a notice of removal with the clerk of judicial records and serving the removal notice on plaintiff was less than ideal, state precedent established that defendant sufficiently complied with 28 U.S.C. §1446 so as to suspend the jurisdiction of the court of common pleas. The court granted a petition to strike a default judgment.

  • Abram v. Commonwealth Health Sys., Inc.

    Publication Date: 2021-07-26
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0716

    The court denied plaintiff's motion to amend her complaint as futile, because her use of medical marijuana was not protected under the Pennsylvania Human Relations Act.