Friday, October 14, 2022

Court Confirms Import of Judicial Admissions in Civil Litigation Matters

In the case of Powell v. Dominick, No. 22-CV-2753 (C.P. Lacka. Co. Aug. 10, 2022 Nealon, J.) entered a notable holding in a dispute between parties regarding proceedings during the course of efforts to secure preliminary injunction.

In this matter, the Plaintiff, Mark Powell, who is the Lackawanna County District Attorney, filed a declaratory judgment action in which he sought, in part, a declaratory judgment and injunctive relief relative to a county commissioner’s alleged attempt to excess and retrieve emails from the Lackawanna County District Attorney’s office on a certain issue.

Of note, the court noted that the commissioner Defendant asserted that she made a good faith effort to save time, taxpayer money, and frustration to resolve the litigation by submitting a Stipulation to the District Attorney. With that Stipulation, the commissioner attached her Reply Brief.

The court in this matter noted that “statements of fact by one party in pleadings, stipulations, testimony, and the like, made for that party’s benefit, are termed judicial admissions and are binding on that party.” See Op. at p. 3. The court noted that, based upon certain factual representation, the commissioner made in her Brief and Stipulation, which were filed of record, the court found that she had conclusively admitted to certain facts pertinent to the case presented.

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

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Sept. 27, 2022).

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