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  • Process Tech. & Packaging, LLC v. Agent K, Inc.

    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.

  • Pennsylvania Trust Co. v. Wilkes-Barre Hospital Co.

    Publication Date: 2019-05-13
    Practice Area: Damages | Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0475

    Defendant's economic expert was barred from referencing the discount of the infant plaintiff's future life care costs to present value since Pennsylvania case law and §509 of the Medical Care Availability and Reduction of Error Act do not permit damage awards for future medical expenses to be reduced to present value by the application of a discount factor. The court granted plaintiff's motion in limine.

  • Pennsylvania Trust Co. v. Wilkes-Barre Hospital Co.

    Publication Date: 2019-05-13
    Practice Area: Evidence
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0474

    Pursuant to Aldridge v. Edmunds and its progeny, defendant's medical expert could make limited reference to textual materials in explaining the basis for his opinion that, contrary to plaintiff's assertion, the infant plaintiff did not meet the "entry criteria" for initiating certain treatment. The court granted in part and denied in part plaintiff's motion in limine.

  • Kellock v. Wilkes-Barre Hospital Co. et al, LLC

    Publication Date: 2019-01-15
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1605

    The court granted plaintiffs leave to amend their complaint in this medical malpractice suit arising from the care provided to the plaintiff mother during the birth of her child where the proposed amendments merely amplified the existing allegations of defendant's vicarious liability for the alleged negligence of its actual or ostensible agents. The court granted plaintiffs' motion for leave to amend.