Monday, December 21, 2020

Judge Nealon Reviews Standards for Motion for Reconsideration

In the case of Fertig v. Kelley, No. 16-CV-4801 (C.P. Lacka. Co. Dec. 4, 2020 Nealon, J.), the court denied a Plaintiff’s Motion for Reconsideration of a Partial Summary Judgment entered in favor of the Defendant insurance company on the bad faith claim. 

The Tort Talk blog post on Judge Nealon's original decision in this case can be viewed HERE.   

This latest decision is notable for Judge Nealon’s recitation of the standard of review for a Motion for Reconsideration.

The court noted that a Motion for Reconsideration is subject to the sound discretion of the trial court judge. Under 42 Pa. C.S.A. §5505, a trial court may reconsider one of its earlier Orders only if the Motion for Reconsideration is filed within thirty (30) days of the entry of the disputed Order.

Judge Nealon also noted that, to be granted, a Motion for Reconsideration generally requires an intervening change in the law, newly discovered evidence, or a clear error of law.

The court found no support for the Plaintiff’s Motion for Reconsideration in this case.

Anyone wishing to review a copy of this decision may click this LINK.

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