• Fertig v. Horace Mann Ins. Co.

    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.

  • Powell v. Domenick

    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.

  • Shaver v. Levelle

    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.

  • McDevitt v. Arthur Wageman Penske Leasing & Rental Co.

    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.

  • Powell v. Domenick

    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.

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  • Hutchinson v. Millet

    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.

  • Comerford v. Burrier

    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.

  • Cmty. Bank, N.A. v. Moran

    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.

  • Cavalry SPV I, LLC v. Rozelle

    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.

  • Walsh v. Toth

    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.