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228 results for '* court:"Courts of Common Pleas Lackawanna"' You can use Search Constraints to get even better search results
Publication Date: 2022-08-08
Practice Area: Occupational Safety and Health
Industry: Health Care
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nelson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0217
Court denied motion to dismiss corporate negligence claim in case arising out of a nursing home employee contracting COVID-19. Although defendant argued they were immune from liability due to the "statutory employee" clause of the Worker's Compensation Act, the court found that the pleadings in the matter demonstrated a genuine issue of material fact as to what level of control, authority, etc. defendant maintained over plaintiff. The court further denied defendant's argument that they owed no duty of care to plaintiff, stating that u
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
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: 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.
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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.
Publication Date: 2022-05-09
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: 22-0408
The court found plaintiff failed to plead with sufficient particularity causes of action against each of the four defendants where plaintiff pled only a single negligence count against all four defendants. Objection sustained.
Publication Date: 2022-05-09
Practice Area: Damages
Industry: Construction | Transportation
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0409
The court refused to dismiss plaintiff's claim for punitive damages and attendant allegations of willful, wanton and reckless conduct for lack of substantiating evidence since Pa.R.Civ.P. 1019(b) provides that such conditions of the mind may be averred generally, and a request for punitive damages is not a cause of action but merely incidental to an underlying claim. The court denied defendants' preliminary objections.
Publication Date: 2022-04-25
Practice Area: Evidence
Industry: Automotive
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0352
The facts sustaining a potential witness's federal cyberstalking conviction supported its classification as a crimen falsi offense for purposes of admissibility under Pa.R. Evid. 609(a) where his dishonesty and falsehoods facilitated the commission of the crime. The court denied plaintiffs' motion in limine.
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