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.

More information about Litigation

Pennsylvania personal injury lawyer: More accidents may be tied to GM faulty ignition switch

In what the New York Times reported as the most concrete movement yet that GM intended to compensate victims and their families, the lawyer hired by GM to determine compensation of victims of GM cars with faulty ignition switches met last week with lawyers representing hundreds of people and their families who claim they were affected by accidents involving the vehicles.

This may mean that that the potential number of those affected is much larger than the 13 deaths and 32 crashes that GM has previously admitted are linked to the faulty ignition. The Los Angeles Times reported in March that there could be as many as 303 deaths linked to those faulty ignition switches. This was based on a new report commissioned by the Center for Auto Safety, an independent watchdog group. GM vigorously challenged the report, stating that other issues could also have caused the 303 deaths. […]

Attorney Marion Munley’s Article on the Vanishing Jury Trial in The Scranton Times

As seen in The Scranton Times. America’s long and proud history has been shaped by lawyers and judges who made lasting contributions to the preservation of individual liberties guaranteed by the Constitution. To the Founders, the right to jury trial, secured by the Seventh Amendment, was on par with the right to vote and the right to free speech. In the initial draft of the Declaration of Independence, Thomas Jefferson’s litany of abuses by the king included, prominently, “depriving us of the benefits of trial by jury.”

Jefferson considered “trial by jury as the only anchor ever yet imagined by man that holds the government to the principles of its Constitution.” Jurors are true public servants who commit their time, critical thinking and impartiality to their fellow Americans. Jurors serve as checks and balances on our judicial system, and a jury trial is a fundamental right critical to our democracy. […]

Munley Law Personal Injury Attorneys Attorneys Selected for 2014 Best Lawyers in America

Five attorneys from the Munley Law Personal Injury Attorneys firm have been selected by their peers for inclusion in The Best Lawyers in America 2014. Best Lawyers is the oldest and most highly-respected peer review guide to the legal profession worldwide. Robert W. Munley, Sr. and Marion Munley were selected in the fields of Personal Injury Litigation – Plaintiffs, and Product Liability Litigation – Plaintiffs. Robert W. Munley, III and Daniel W. Munley were selected in the field of Personal Injury Litigation – Plaintiffs. James Christopher Munley was selected in the field of Workers’ Compensation Law – Claimants.

History Speaks For It’s Self

For more than 55 years, the family of lawyers at Munley Law Personal Injury Attorneys have been helping clients all over the country with their claims. Munley Law Personal Injury Attorneys has proven time and again to be leaders in truck accident litigation, […]

Allstate’s $950,000 Blunder

Allstate required to pay out nearly a million dollars after delaying insurance coverage of fatal car crash

Attorney Daniel W. Munley, a partner in the law firm of Munley Law Personal Injury Attorneys, negotiated a $950,000.00 settlement on behalf of the family of a teenager killed in an automobile crash in 2001.

The defendant, who received his driver’s license just weeks before, was driving his mother’s Camaro at an excessive speed when he crossed double yellow lines to pass another vehicle and lost control of his automobile. The plaintiff’s son was thrown from the vehicle and suffered a fatal wound.

The defendant’s insurance company, Allstate, failed to pay its obvious driver’s liability and delayed the case for a number of years. Attorney Munley offered Allstate numerous opportunities to act in good faith, essentially requiring them to pay out the policy limit of $25,000.00. After a time extension and several attempts to contact Allstate, […]

Munley Law Personal Injury Attorneys Ranked Among 2013 ‘Best Law Firms’ by U.S. News Media Group and Best Lawyers®

The Pennsylvania law firm of Munley Law Personal Injury Attorneys, has received a Metropolitan Tier 1 ranking in the practice area of Personal Injury Litigation – Plaintiffs (Allentown) in the newly released 2013 “Best Law Firms” rankings from U.S. News Media Group and Best Lawyers.®

The firm has also received a Tier 2 ranking in the area of Workers’ Compensation Law – Claimants (Allentown) in the third edition of the rankings, which can be found online at http://bestlawfirms.usnews.com.

The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field and review of additional information provided by law firms as part of the formal submission process.

In addition to the firm’s practice area rankings, four lawyers from Munley Law Personal Injury Attorneys, […]

Air Bag Malfunction Prompts Ford Fiesta Recall

Ford recalls 150,000+ Fiesta models due to added danger caused by air bag deployment error

Ford is recalling more than 150,000 of its popular Fiesta subcompacts because the passenger side air bag does not work properly.

Air bags are one of the most important safety features in cars.

Ford says it is unaware of any crashes that have resulted from this defect, according to the Detroit Free Press.

The Pennsylvania injury lawyers at Munley, Munley & Cartwright represent victims in personal injury litigation, including those injured in accidents caused by auto defects. We are here to answer your questions and concerns. Call us toll-free at 877-763-2343 or use our online contact form.

According to the recall notice posted with the National Highway Traffic Safety Administration:

“The passenger side curtain air bag will not deploy in the event of a side impact collision when the front passenger seat is empty. […]

Pennsylvania State Trooper Dies in Accident

State Police Commissioner Frank Noonan announced the tragic death of 47-year-old Trooper First Class Blake T. Coble of Troop D, Beaver Station after he was killed in an automobile wreck last Thursday. Coble was on duty Oct. 4 when he was struck by a semi at 10 a.m. at Black Hawk Road near Route 168 in South Beaver Township.

According to news reports, Coble’s patrol car was struck by the tractor-trailer when the truck driver went through a stop sign at the intersection. No charges have been filed against the driver of the truck, who has been cooperating with investigators, state police said.

In a press release announcing Coble’s death, Noonan said:

“He [Coble] died serving the people of the Commonwealth of Pennsylvania and the men and women of the Pennsylvania State Police mourn his loss and extend our sincere condolences to his family and friends. […]

Take the Time During National Fire Prevention Week to Protect Your Family Against Fires

Residents of Pennsylvania are urged to take the time this week to participate in National Fire Prevention Week. Fire Prevention Week, celebrated Oct. 7-13, has been set aside through a Presidential Proclamation as a time “to protect ourselves, our families, and our communities from fires, and we honor the courageous first responders who put their lives at risk to keep us safe.”

According to the National Safety Council, in 2010, there were 3,100 unintentional deaths related to fire, smoke and flames. Many of these fires resulted in death, serious injuries and destroyed homes.

The National Safety Council offers the following steps for families to take to prevent fires:

Have properly working smoke alarms
Test smoke alarms and carbon monoxide detectors monthly and change the batteries at least once a year
Place smoke alarms on each floor of your home and in each bedroom
Plan a family escape route and practice it once a month
Install a home sprinkler system
Place fire extinguishers throughout your home and make sure everyone in the house knows how to use them

One key theme of the week is to “Have 2 Ways Out!” According to Firehouse.org, […]

Pennsylvania Celebrates International Walk to School Month

PennDOT is joining forces with other organizations across the United States, and the world, in supporting International Walk to School Month throughout October. Using the motto “Get up, Get out, and Get Moving!” the organizers are focusing on demonstrating the role walking and bicycling to school can play in improving health, safety and community life.

According to iWalk, the official website of International Walk to School Month:

“International Walk to School Month gives children, parents, school teachers and community leaders an opportunity to be part of a global event as they celebrate the many benefits of walking. Walkers from around the world walk to school together for various reasons — all hoping to create communities that are safe places to walk.”

“Every child should have the opportunity to walk to school safely,” said Transportation Deputy Secretary John Porcari. “Walk to School Day [held Oct. […]

Pennsylvania Car Accident Lawyer Joins Call to Ban Use of Hand-Held Cell Phones While Driving

Scranton, PA, September 27, 2012 — Pennsylvania car accident attorney Caroline Munley said today that she supports efforts to broaden the state’s distracted driving laws to include a ban on using hand-held cell phones while behind the wheel.

A law prohibiting texting while driving in Pennsylvania became effective earlier this year. However, because it is still legal to talk on a cell phone or search for contacts on a phone while behind the wheel, police say it is difficult to detect drivers engaged in text messaging and enforce the ban, according to a recent Scranton Times-Tribune report.

“If the goal of the law is to deter drivers from engaging in conduct that is dangerous and puts others at risk of distracted driving accidents, injury and death, then a full ban on the use of hand-held cell phones while driving a motor vehicle is an entirely appropriate, […]

Teens Learn Poor Driving Habits from Their Parents

Our Pennsylvania car accident attorneys previously reported that over the past five years in Pennsylvania, distracted driving led to nearly 4,000 crashes involving 16- and 17-year-old drivers and resulted in 18 deaths. We often ask parents to impress upon their teen drivers the importance of staying focused while driving and not using their cellphones. However, according to a new study, parents may actually be the cause of their childrens’ poor driving behaviors.

In the survey from Liberty Mutual and Students Against Destructive Decisions (SADD), researchers found that an overwhelming number of the young drivers reported they get their poor driving habits from their parents. Of the 1,700 teens surveyed, over 90 percent of them report their parents talk on the cell while driving, 88 percent of their parents speed, and 59 percent reported their parents have sent a text while driving. Still worse, […]

Pennsylvania Drunk Drivers More Likely to be Men

A new study reports that nationwide nearly 60 percent of all drivers in fatal automobile crashes had alcohol or drugs in their systems. In the review of five years of data, researchers found that men, and those driving at night, were more likely to crash with alcohol in their systems. These findings are not much different than the 2011 Pennsylvania alcohol-related crash data that found 76 percent of the drinking drivers in traffic crashes were male.

Researchers at Columbia University reviewed data from the National Highway Traffic Safety Administration on fatalities in 14 states. They found that out of 20,150 fatally injured drivers between 2005 and 2009, 57 percent tested positive for at least one drug, and 20 percent had at least two drugs in their system when the accident occurred. Alcohol was the most common drug found in toxicology screenings, followed by marijuana and stimulants comprising 20 percent of the drugs, […]

PA Legislator to Propose Cellphone Ban

This month we reported that law enforcement have been challenged when enforcing Pennsylvania’s anti-texting law. Since the law allows for talking on the cellphone, drivers can deny they were texting if pulled over and say they were calling someone. At least one Pennsylvania legislator wants to do something about it and is proposing a ban on all cellphone use behind the wheel.

The Pocono Record reports House Appropriations Minority Chairman Rep. Joseph Markosek, D-Allegheny plans to introduce the new regulations in the fall. Although the bill has not yet been circulated for co-sponsorship, Markosek believes it has support within the Democratic caucus.

The ban, that will result in a fine of $50, or $100 if driving in a school zone, work zone or highway safety corridor, is being introduced to help police enforce the current ban on texting while driving.

The Pocono Record references the Pennsylvania Department of Transportation statistics that estimate 58 deaths and more than 14,000 distracted-driving car crashes occurred in 2011. […]

One in Five Violation Rate Not Acceptable, Pennsylvania Truck Accident Lawyer Says

Scranton, PA, September 08, 2012 — Truck accident attorney Marion Munley said today that national inspections of 74,072 trucks and buses that resulted in one-fifth of the vehicles being removed from the road should raise concerns for the sponsoring Commercial Vehicle Safety Alliance (CVSA).

The CVSA said in a recent news release that its 25th Annual Roadcheck, a commercial motor vehicle (CMV) safety enforcement and outreach event, inspected a record number of trucks and buses.

The organization said 22.4 percent of CMVs and 3.9 percent of drivers were placed out of service, or removed from the road, after the inspections. The CVSA said those vehicle and driver OOS rates represented the second-lowest in the program’s history.

Munley, a nationally recognized Pennsylvania truck accident lawyer with the Scranton personal injury firm of Munley Law, said those numbers were still too high.

“It’s certainly a concern when one in five of the tractor-trailers and other big-rig trucks that trucking companies continue to put on the road are in such poor shape that they should be removed from the road before they cause an accident,” she said. […]

AT&T Calls on All Drivers to Take its Never Text and Drive Pledge

AT&T stresses danger of distracted driving with its anti-texting while driving campaign

As Labor Day weekend comes to a close, so too does the state’s Drive Sober or Get Pulled Over campaign. However, the Pennsylvania State Police is on the lookout for drunk drivers 365-days-a-year. The police are also focused on stopping distracted drivers from taking to the PA highways. Now, AT&T is helping all law enforcement by raising the bar on its anti-texting campaign. AT&T is warning of the serious dangers caused by texting and driving and is urging all drivers to take its “Never Text and Drive” pledge.

AT&T’s message is simple: “When it comes to texting and driving, it can wait.” On its website, AT&T presents the pledge as follows:

No text message, email, website or video is worth the risk of endangering my life or the lives of others on the road. […]

Pennsylvania Drivers Urged to be Aware of Information Exchanged After a Car Accident

Our Pennsylvania car accident attorneys encourage all drivers to do the right thing after a car accident: stop, assist others involved, call the police, exchange information with others, and contact your doctor. All of these are key steps to help minimize the stresses associated with being in a car crash and to help ensure that all legal processes are completed.

However, according to the National Association of Insurance Commissioners (NAIC) while it is important that anyone that has been in an accident shares appropriate information, it is critical that they not share too much information and risk putting themselves in jeopardy of identity theft.

The NAIC, the U.S. standard-setting and regulatory support organization created and governed by the chief insurance regulators in the U.S., reports identity theft is one of the fastest-growing crimes in the U.S. Federal statistics estimate nearly 9 million Americans have their identities stolen each year. […]

Pennsylvania Drunk Drivers Target of Police Crackdown

The National Highway Traffic Safety Administration is once again getting the message out to Americans to “Drive Sober or Get Pulled Over.” Pennsylvania State Police and law enforcement agencies across the country are joining in the latest campaign, that runs through Labor Day, in an effort to get impaired drivers off roads.

According to the National Highway Traffic Safety Administration’s 2010 State Motor Vehicle Fatalities statistics, there were 10,228 alcohol-impaired-driving fatalities nationwide in 2010. Pennsylvania saw 433 alcohol-related highway deaths in 2010. These deaths represented 24 percent of the 1,324 fatal accidents in the state that year. Pennsylvania Department of Transportation reports preliminary data shows there were 428 alcohol-related accident fatalities and approximately 11,700 alcohol-related crashes statewide in 2011.

In a ceremony in Berks County where officials unveiled a memorial for victims of DUI accidents, Trooper Ethan Brownback said, “We’re having checkpoints all over the county, […]

Pennsylvania Car Accident Lawyer Warns that Higher Unemployment Could Mean Fewer Insured Drivers

Scranton, PA, August 18, 2012 — An uptick in the number of people in Scranton/Wilkes-Barre who are out of work could heighten the risk for those behind the wheel, says Pennsylvania car accident attorney Caroline Munley.

This summer, the unemployment rate for the Scranton/Wilkes-Barre metropolitan area broke the nine percent mark for the first time since September 2011, according to the Scranton Times-Tribune. That was a full percentage point above the national average and two points above the rate for Pennsylvania as a whole.

“Unfortunately, when people lose their jobs, one thing they may do to cut costs is to cancel or reduce their car insurance,” said Munley, managing partner of the nationally recognized Pennsylvania personal injury firm of Munley Law, which has its headquarters in Scranton and offices across the state.

The law firm represents car accident victims in Pennsylvania and across the Northeast in matters that often involve car insurance issues. […]

Tire Blowout Injures Seven in Pennsylvania Car Accident

A two-vehicle crash last week on the Northeast Extension of the turnpike in Moosic, PA, resulted in injuries to seven people and left traffic tied up for more than an hour. A woman was driving in the left northbound lane of Interstate 476 near mile marker 119, when the car’s rear driver’s side tire blew out, according to news reports.

The driver lost control of the vehicle and it traveled into the right lane where it struck the rear of a minivan carrying seven occupants. The minivan rolled onto the passenger side and came to rest on a concrete barrier. Police cited tire failure as the cause of the accident, and no charges were filed in the accident.

TireSafety.com, a website dedicated to educating the public about proper tire maintenance sponsored by Bridgestone, reports that under inflation is the leading cause of tire failure. […]

Triple Fatal Accident Serves as a Reminder to Pennsylvania Drivers of the Dangers of Drowsy Driving

An early morning accident on Saturday left three people dead and two others seriously injured after the driver apparently fell asleep behind the wheel. The single-car crash occurred around 2:15 a.m. on I-81 north near Butler Township after the car traveled across the grass median and slammed into the concrete bridge support beam.

The National Highway Traffic Safety Administration (NHTSA) reports that drowsy driving accidents cause more than 100,000 crashes a year, resulting in 40,000 injuries and approximately 1,550 deaths. However, the NHTSA believes these numbers are actually much higher due to underreported drowsy driving accidents.

One of the leading causes of drowsy driving is shift work. With irregular hours, long shifts, and disrupted sleep patterns, the NHTSA reports shift workers run a particularly high risk of drowsy driving crashes.

However, anyone that is sleep deprived is a danger on the highway. […]