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227 results for '* court:"Courts of Common Pleas Lackawanna County"' You can use Search Constraints to get even better search results
Publication Date: 2023-04-10
Practice Area: Contractual Disputes
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 19 CV 3637
The court granted a motion for summary judgment in part in a breach of contract claim arising out of defendant debtor's failure to pay credit card balances owed to plaintiff financial institution. Although plaintiff sought judgment in excess of $295,000.00, the court only granted judgment in the amount of $166,769.86 on the basis that this was the amount that was accurately reflected in plaintiff's exhibits.
Publication Date: 2023-04-03
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 21 CV 5016
The court granted defendants' motion for summary judgment and dismissed plaintiff's claim for damages on the grounds that the damage to the property occurred prior to the time plaintiff was in possession of and the owner of the property.
Publication Date: 2023-03-06
Practice Area: Personal Injury
Industry: Transportation
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22 CV 3250
A personal injury plaintiff's complaint could not state an independent cause of action for punitive damages. Plaintiff's allegations of wanton, willful and reckless conduct were sufficient, however, to support his corresponding general demand for recovery of punitive damages in his personal injury action. Defendants' preliminary objections sustained in part and overruled in part.
Publication Date: 2023-02-20
Practice Area: Contracts
Industry: Automotive | Retail
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22 CV 1271
The court directed the parties to submit their claims and disputes to binding arbitration due to the clear and unambiguous language contained in an arbitration clause provision of an installment sales contract. As the court noted that the claims were subject to arbitration, they held that they lacked jurisdiction and authority to decide the remaining issues in the preliminary objections.
Publication Date: 2023-01-30
Practice Area: Contracts
Industry: Real Estate | Transportation
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 21 CV 5426
The court sustained defendant company's preliminary objections to plaintiff's complaint sounding in claims arising under the Fifth Amendment's Takings Clause. Specifically, applying basic contract principles, the court found that a settlement agreement binding the parties' predecessors-in-interest barred future litigation regarding the property.
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Publication Date: 2023-01-23
Practice Area: Real Estate
Industry: Real Estate | Retail | State and Local Government
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22 CV 4632
The court granted the state's petition seeking to enjoin a business from operating on the basis that the business was a drug-related nuisance under the Drug Nuisance Law and Pennsylvania common law. The court pointed to complaints which sufficiently described the negative effect the businesses had on the area and determined that enjoinment was warranted.
Publication Date: 2023-01-16
Practice Area: Contractual Disputes
Industry: Accounting | Hospitality and Lodging
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22 CV 2650
The court denied a motion to hold a defendant in contempt of court for failure to produce documents that were court-ordered for production pursuant to a stipulated settlement agreement. The court reviewed the evidence and found that defendant had established that the requested documents did not exist and therefore, defendant did not act intentionally or willfully in failing to produce the documents.
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."
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