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239 results for '* court:"Courts of Common Pleas Lackawanna County"' You can use Search Constraints to get even better search results
Publication Date: 2022-01-03
Practice Area: Contracts
Industry: Insurance | Manufacturing
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1428
State precedent recognizes that an insurance broker's receipt of a portion of insurance premiums paid by an insured, in exchange for acting as the insured's direct contact for insurance claims against its insurer, serves as sufficient consideration for an oral contract between insured and broker; therefore, plaintiff's breach of contract claims survived. The court overruled defendants' preliminary objections.
Publication Date: 2021-12-27
Practice Area: Motor Vehicle Torts
Industry:
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1393
The court held that plaintiffs did not present sufficient evidence of reckless conduct on the part of either the defendant driver or his employer to support a claim for punitive damages. Motion for partial summary judgment granted.
Publication Date: 2021-12-20
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1378
The remaining defendants could not offer evidence of plaintiffs' settlement with another tortfeasor at trial in this professional liability suit since both 42 Pa.C.S. §6141(c) and Pa.R. Evid. 408(a)(1) barred the admission of evidence regarding plaintiffs' prior joint tortfeasor settlement. The court granted plaintiffs' motion in limine.
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.
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.
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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.
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.
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.
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.
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.
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