Wednesday, September 30, 2020

Remember the Tort of Trespass From Law School?


Perhaps you have not studied the law for the cause of action for a claim of Trespass but, should you need one, here is a recent decision by Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas providing the current status of Pennsylvania law on the elements of proof and allowable damages.

In the case of LBM Scranton, LLC v. Richardson, No. 14-CV-5353 (C.P. Lacka. Co. Sept. 16, 2020 Nealon, J.), the court awarded a substantial amount of damages based, in part, on a Trespass claim relative to a defendant's failure to vacate certain premises purchased by another at a tax sale.

Anyone wishing to review this decision may click this LINK.

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