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  • 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.

  • Stiver v. Senior Health Care Solutions, LLC

    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

  • Webb v. Scranton Quincy Hosp. Co., LLC

    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.

  • Calvary SPV I, LLC v. Rozelle

    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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  • Erie Materials Inc. v. Milligan

    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.

  • Loomis v. Delaware & Hudson Ry. Co., Inc.

    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.

  • Fellerman & Ciarimboli Law, P.C. v. Messa

    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.

  • Koloras v. Dollar Tree Stores, Inc.

    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.

  • Gowden v. Commonwealth Dep't. of Transp.

    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.