Litigation

What is Litigation?

Litigation is the process of taking legal action and filing a lawsuit.

According to Cornell Law School’s Legal Information Institute (LII), litigation is defined as “the process of resolving disputes by filing or answering a complaint through the public court system.” As such, a judge or jury examines the evidence and makes a legally binding decision. This process can include various stages such as filing pleadings, conducting discovery, engaging in pre-trial motions, going to trial, and potentially appealing the court’s decision.

Litigation is beneficial because it allows for a formal resolution of disputes based on laws and legal precedent. However, litigation can be time-consuming and costly, as well as prolonged periods of uncertainty. Understanding litigation is crucial for individuals, businesses, and legal professionals navigating legal disputes and seeking to protect their rights and interests within the judicial system. It involves a comprehensive understanding of legal procedures, strategic decision-making, and effective advocacy to achieve favorable outcomes in court.

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Fighting the Insurance Company After a TBI

Why You Need a Personal Injury Lawyer to Help Fight the Insurance Company After a TBI

We don’t often think about the brain and the hundreds of thousands, if not millions, of different ways we use it every day. But break down each part of your day into its component parts and you begin to see just how much your brain does for us.

Even making your morning coffee becomes a multi-faceted, complex operation your brain runs each and every day. Even more fundamental than that, your brain directs your body to do numerous things that we never even think about: it makes sure that you breathe, it tells your heart to beat, and it directs your body to digest the food that you eat.

So what happens when you or someone you love suffers a traumatic brain injury (TBI), affecting your brain’s ability to function? […]

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What You Should Know About Going to Court After a Truck Accident

How to Prepare For Trial When a Truck Accident Settlement Cannot Be Reached

Not all truck settlement cases reach a settlement outside of court. When negotiations are unworkable, and a settlement agreement cannot be reached, you need an experienced personal injury lawyer with a successful track record, and who is prepared to go to trial. Alternatively, if you are satisfied with the settlement offer, and if you are not willing to withstand the delay of a trial, you may wish to refrain from going to court with your case. At the end of the day, complex truck accident cases are best dealt with when an experienced truck accident lawyer is by your side.

With over 60 years of experience, Munley Law has earned a national reputation for our significant verdicts and settlements and for our expertise in the most complex areas of personal injury law — we have all the resources and preparedness to fight for you. […]

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Should I Accept the First Insurance Settlement After a Scranton Car Accident?

The Insurance Company Offered a Settlement. Should I Take It?

After an automobile accident, you are likely to be experiencing a great deal of physical pain and emotional distress. You may be tempted to immediately accept the first offer from the other driver’s insurance company to put the car accident behind you as quickly as possible. However, this is almost never a good idea.

An insurance company is necessarily looking first and foremost to its own bottom line, and not to what would be fair compensation for you. The insurance company makes money by keeping its payouts as low as possible, and can take advantage of your desire for a speedy resolution to make you a low settlement offer that does not provide a fair settlement for your personal injury.

If you have questions about a car accident settlement, your first step is to contact an experienced car accident lawyer at Munley Law Personal Injury Attorneys. […]

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How Can a Truck Accident Lawyer Help?

Why Do I Need a Truck Accident Lawyer After an Accident?

Dealing with the aftermath of a truck accident in Pennsylvania can be frustrating, stressful, and devastating. Faced with medical expenses, pain and sufferings, and lost wages, the road to recovery may seem long and hard for both you and your family. What you need is an experienced truck accident lawyer to help you receive the maximum amount of compensation for your losses, in a timely manner, so you and your family can start the healing process.

But how can a truck accident lawyer help your claim and why do you need one? Let’s explain.

A Truck Accident Lawyer Can Help With Deadlines and Evidence

Attorney Chris MunleyTimeliness is critical when establishing liability and the best possible financial compensation that you are entitled to. Reputable truck accident lawyers understand that timing is crucial to ensure a fair, […]

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What is the Truck Accident Claim Process?

What Happens After a Trucking Accident?

semi truck undercarriageBeing involved in an truck accident is a traumatic experience. Like a car accident, a truck crash can cause debilitating personal injuries and emotional distress–but due to the sheer size and force of the vehicle, truck accidents often cause more severe injuries and mental agony than an accident involving passenger cars alone.

When you or a loved one is involved in a truck accident, the last thing you want to do is try and figure out the complicated truck accident claim process.

It is essential, however, that you act fast–while evidence is fresh and before the statute of limitations runs out–in order to ensure you receive the full and fair compensation you deserve. Thankfully, an experienced truck accident lawyer can handle most steps of the truck accident claim process for you, and at no charge to you unless you win a truck accident settlement or jury award. […]

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Munley Law Personal Injury Attorneys Earns Regional Rankings in 2023 “Best Law Firms”

Munley Law Personal Injury Attorneys is pleased to announce that it has been named to the 2023 list of Best Law Firms by U.S. News & World Report and Best Lawyers®.

The firm earned four Tier 1 rankings in the Northeastern Pennsylvania metro area for the following practice areas:

  • Medical Malpractice Law – Plaintiffs
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs
  • Workers’ Compensation Law – Claimants

“This is truly an honor to be recognized for our law firm’s hard work in helping injured victims throughout Northeastern Pennsylvania,” said Caroline Munley, managing partner at Munley Law Personal Injury Attorneys.

In August, seven of the firm attorneys – Marion Munley, Daniel Munley, Caroline Munley, J. Christopher Munley, Robert Munley III, John Mulcahey, and Katie Nealon – earned recognition in the 2023 edition of The Best Lawyers in America. […]

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Marion Munley Elected Parliamentarian for the American Association for Justice

marion munleyMunley Law Personal Injury Attorneys is pleased to announce that Partner Marion Munley was elected as the Parliamentarian for the American Association for Justice (AAJ) at its annual convention in Seattle, Washington.

The American Association of Justice is a 20,000-member organization of plaintiff attorneys dedicated to protecting the rights of trial by jury. The mission of the AAJ is to promote justice and fairness for injured victims, safeguard victims’ rights, and strengthen the civil justice system through education and disclosure of information critical to public safety and health.

A champion of victims’ rights and the civil justice system for over 25 years, Marion is known for her compassionate approach to representing the catastrophically injured and her tireless devotion to her clients and their families. Triple Board Certified by the National Board of Trial Advocacy in Civil Trial, Civil Practice, and Truck Law, […]

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Do You Have to Go to Court for a Car Accident?

car accidentLike over 104,000 Pennsylvania state residents, you might find that you have gotten in an automobile accident (Pennsylvania Department of Transportation). Being in an automobile accident, alone, is difficult enough. However after the crash, you may feel even more overwhelmed once law enforcement, insurance companies, lawyers, and even perhaps doctors get involved with your case. Many may experience confusion over what obligations they are under immediately following the crash.

You may find yourself asking, “Do You Have to Go to Court for a Car Accident?

Even the most minor crashes can be traumatic experiences. We therefore recognize that car accidents can be particularly difficult times in a driver’s life. If you or a loved one was involved in a crash, we express our most sincere condolences. Working with an experienced car accident lawyer can make a huge difference, both in making this turbulent process a little smoother, […]

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Hazleton Uber Accident Lawyer

If You Were Hurt in an Uber Accident, Contact a Hazleton Car Accident Attorney Today for Free Consultations 

uber accident lawyer near meUber provides a reliable service for anyone needing a ride in thriving cities likes Hazleton, Pennsylvania, and throughout Luzerne County. It is convenient. It helps you avoid the cost of owning and maintaining your own car. And it is smart to use a ride-sharing service like Uber, especially if you have been out on the town and want to avoid driving after having a few drinks.

While Uber can be convenient and safe, there are risks when we take a ride with Uber. A recent study conducted by the University of Chicago and Rice University, shows that car accident deaths have increased significantly with the increase in use of the Uber app.

The study suggests that the increase may be caused by Uber drivers operating their vehicles when they are distracted or tired. […]

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What is Summary Judgment?

Understanding motions for summary judgment…and how to win them

If you sued a defendant for your injuries or other damages, then you can expect certain legal responses and defenses. While every case is unique, some stages of litigation come up in nearly every lawsuit. Summary judgment is one of those phases. Understanding what summary judgment is and how handle it is key to winning big in your case. As a result, our experienced trial lawyers define summary judgment and provide a guide to using this legal step to maximize your compensation payout.

To discuss the details of your lawsuit for FREE, schedule a consultation with an award-winning Munley Law Personal Injury Attorneys litigator today.

Motions for summary judgment: what they are and what do they do

In order to fully grasp motions for summary judgment, you must have a basic understanding of how lawsuits work. […]

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Fatal tractor trailer crash on I-81 in Lackawanna County

A Dickson City man and a Philadelphia woman were killed in a crash with a tractor trailer on I-81 in Moosic, PA at around 11:20 PM Wednesday, October 7, 2020. The Scranton Times-Tribune reports that fire departments from Moosic, Avoca and Taylor responded to the crash scene, along with multiple EMS units. The highway was shut down for hours overnight before reopening around 7AM on Thursday morning. Initial reports say that the tractor-trailer struck the victims’ vehicle while attempting to change lanes; both vehicles then went over an embankment and the car was crushed under the truck. The truck driver was not seriously injured.

Additional investigation will determine the exact cause of the crash. The days following a tractor-trailer crash will be critical in collecting and preserving evidence in order to determine if negligence contributed to this tragedy. Most tractor-trailers are equipped with black box data recorders containing all kinds of information about the truck and driver in the moments leading up to the crash. […]

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Truck Accidents and Expert Witnesses

injury lawyers dan munley bob munley

Expert Witnesses in Truck Accident Cases: FAQ

 When you have a personal injury case involving a commercial truck, the stakes are high. Truck accident cases depend on highly specialized information including industry regulations, truck mechanics, and the long-term medical and economic impacts of your crash. To build a winning case, you will need the testimony of reliable witnesses, so it is essential that you have a lawyer who can bring in the right witnesses.

Who May Testify in Court As a Witness?

Not everyone has the right to come to court and testify in a truck accident case.  In order to take the stand and answer questions before a jury during a live court proceeding, a person must qualify to give testimony as a fact witness or an expert witness.

As their name suggests, fact witnesses may testify about events that they observed firsthand. […]

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Daniel Munley: Lawyer of the Year, Product Liability Litigation-Plaitiffs, Allentown

Daniel W. Munley has been named “Lawyer of the Year in Product Liability Litigation-Plaintiffs for the Allentown Metro Area” by The Best Lawyers in America©  in 2020.

Daniel W. MunleyDan Munley, a board-certified civil trial advocate (according to the National Board of Trial Advocacy), is a longstanding truck accident lawyer with a national reputation for successful representation of clients in trials. In addition, he is certified by the Association of Interstate Trucking Lawyers of America (AITLA).

Mr. Munley has received numerous awards. Among others, he has been named one of the Top 100 Trial Lawyers  in Pennsylvania by the National Trial Lawyers Association and recognized by the French Consulate in New York City and the Association of Trial Lawyers of America for his representation of the family of a victim of the September 11, 2001 terrorist attacks. […]

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Roundup lawsuits continue to make headlines

In the last few years, makers of the popular weedkiller Roundup have faced thousands of lawsuits alleging that their product caused cancer. Now, more than 18,000 claimants have filed suit.

roundup cancer lawsuit

Claimants allege that exposure to glyphosate, the ingredient found in Roundup, caused them to develop non-Hodgkin’s lymphoma. Furthermore, they allege that Monsanto, makers of Roundup, knew about the risks of their product and failed to issue appropriate warning to consumers.

As of August 9, 2019, three cases against Monsanto have gone to trial. All three cases have resulted in massive awards for plaintiffs. Even after judges reduced the amounts recommended by juries, the verdicts were significant. For example, in July, a California judge reduced a couple’s $2 billion verdict to $87 million.

In May of this year, Kenneth Feinberg was hired to mediate a settlement in multidistrict litigation (MDL) over Roundup. […]

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Truck accident lawyers: Snyder county crash kills Selinsgrove man

A recent truck crash in Snyder County claimed the life of a man from Selinsgrove, Northumberland County. The wreck happened in Shamokin Dam, PA, and had Routes 11 and 15 backed up for miles.

The accident occurred when a car and tractor trailer were stopped at a red light. A second tractor trailer collided with the stopped vehicles; the car between the trucks was crushed by the impact, and the driver of that vehicle was killed.

The police investigation into the crash and the driver who struck the stopped vehicles is underway.

As truck accident lawyers, we have, unfortunately, seen cases very similar to this one. Marion Munley, current Chair of the American Association for Justice Trucking Litigation Group, and Daniel Munley who served as Chair in 2011, travel the country to educate other lawyers and lawmakers about the common causes of truck accidents like this one, […]

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The next IVC filter case goes to trial this week

Next IVC filter trial begins this week

The third bellwether trial involving C.R. Bard IVC filters began Tuesday, September 18 in Phoenix, AZ.   

Of the more than 9,000 lawsuits alleging that IVC filters have caused patients serious harm, C.R. Bard Inc. and Cook Medical Inc. face the largest number of cases, with about 4,000 each. 

Thus far, the first cases to go to trial have yet to yield a clear victor; there have been wins and losses on both sides, so it is difficult to say how this next trial will end. Cook won the first IVC filter trial last year, but then lost two substantial monetary verdicts in May 2017 and March 2018. Cook’s last win occurred on June 1st.

In Tuesday’s trial, a federal judge will oversee the multi-district litigation over C.R. Bard’s IVC filters. The plaintiff’s attorney, Ramon Lopez was quoted as saying this case could be “ […]

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Truck crash on I-81 claims two lives

truck-accidentsYesterday, a tractor trailer crash on Interstate 81 killed two people and seriously injured two others.

A family from Canada was traveling on I-81 northbound in Scott Township near the Fleetville exit.  They were stopped in traffic when they were rear-ended by a tractor trailer operated by JVM Transport. The truck crash killed the 45-year-old father and 10-year-old son; the mother and daughter were taken to the hospital in Lackawanna County. The driver of another tractor trailer that had been stopped in traffic was also taken to the hospital.

Via WNEP: “According to investigators, the big rig did not stop in time and hit the car which was stopped in traffic from an earlier crash.” 

Dan Munley, former chair of the American Association for Justice (AAJ) Trucking Litigation Group, states that  “we have handled other cases in our area where a tractor trailer failed to stop in traffic and either killed or seriously injured another driver. […]

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Truck Accident on I-81 in Wilkes-Barre

truck accident i-81

Tractor trailer crash on I-81 in Wilkes-Barre – a truck accident lawyer’s perspective

A truck accident near the Highland Park Boulevard exit in Wilkes-Barre, PA this morning shut down Interstate 81 when one tractor trailer rear-ended another at around 4 a.m. One driver was trapped inside his truck and was taken to the hospital to be treated for injuries.

Wilkes-Barre truck accident lawyer and former chairman of the American Association for Justice Trucking Litigation Group Dan Munley notes the significance of the time of the crash: “Leading indicators show that at the time of the crash, the truck driver would have been at an increased risk for a fatigue-related accident.” A complete investigation will determine whether fatigue played a role in this case.

The human body operates on a 24-hour cycle, during which we are programmed to need rest at certain times of day. […]

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Pennsylvania Personal Injury Lawyers From Munley Law Personal Injury Attorneys Named Best Lawyers 2018

best lawyers 2018The Pennsylvania personal injury lawyers at Munley Law Personal Injury Attorneys are pleased to announce that all six of our partners have been recognized in the 2018 edition of Best Lawyers in America.

Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. For the 2018 Edition of The Best Lawyers in America, 7.4 million votes were analyzed, which resulted in more than 58,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed;  inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.” […]

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National Board of Trial Advocacy Re-Certifies Dan Munley

daniel-munley-2016The National Board of Trial Advocacy (NBTA) is pleased to announce that Daniel Munley has successfully achieved recertification as a civil trial advocate.  The NBTA was formed out of a strong conviction that both the law profession and its clients would benefit from an organization designed specifically to create an objective set of standards illustrating an attorney’s experience and expertise in the practice of trial law.

Along with Attorneys Marion Munley, J. Christopher Munley, and John Mulcahey at the Munley firm, Daniel Munley is part a growing number of trial attorneys that have illustrated their commitment to bettering the legal profession by successfully completing a rigorous application process and providing the consumer of legal services with an objective measure by which to choose qualified and experienced legal counsel.

The elaborate screening of credentials that all NBTA board certified attorneys must successfully complete includes: demonstration of substantial trial experience, […]

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