Joseph A. O'Brien

JOSEPH A. O'BRIEN
[email protected]

Joseph A. O'Brien graduated from Georgetown University with an A.B. in 1967 and Seton Hall University with a J.D., cum laude, in 1975. He was admitted to the Bar in 1975. He served as a law clerk to the Honorable Richard P. Conaboy, Judge of the Court of Common Pleas of Lackawanna County, and Honorable William J. Nealon, Chief Judge, U.S. District Court for the Middle District of Pennsylvania. He is a member of the Lackawanna County, Pennsylvania, and American Bar Associations, as well as the Pennsylvania Trial Lawyers Association and is admitted to practice in all Pennsylvania and Federal Courts. Mr. O'Brien concentrates his practice in civil litigation, municipal law and criminal defense.

NEWS:
Joseph O’Brien published a guest editorial in the Sunday Times on January 5, 2020, in which he critiqued a recent court decision which concluded that the City of Scranton had exceeded the tax limitation provisions contained in the Local Tax Enabling Act. O’Brien pointed out that the limitation provisions in the Act were not applicable to the City of Scranton because it is a Home Law Municipality having elected such status in 1974.

Joseph A. O’Brien and Jenna Kraycer Tuzze recently assisted a local religious organization in the sale of three nursing homes in Northeastern Pennsylvania. The services included preparation and review of agreements to ensure compliance with civil and church law, obtaining the approval of the Attorney General of Pennsylvania and the Orphans’ Court for the sale and disposition of the proceeds, as well as, zoning, subdivision and other real estate and title matters.

Joseph A. O’Brien and Jenna Kraycer Tuzze recently assisted a local healthcare corporation in the acquisition of a new facility which will house a behavioral healthcare program providing a complete range of evaluative and treatment services, a community based primary health care center and a pharmacy. The transaction involved an exchange of real property and included preparation and review of agreements of sale, leases, deeds, architects and construction contracts. The transaction also involved the formation of an acquisition of tax exemption for a not for profit title holding company. The project was financed through a combination of New Market Tax Credits, state grants and private funding.

Joseph A. O’Brien and Jenna Kraycer Tuzze recently assisted three local religious organizations in the sale and acquisition of a licensed nursing facility. Services included preparation and review of financing documents, assisting in the preparation of the agreement of purchase and sale, and the obtaining of approval of the Attorney General and Orphans’ Court for the transfer and the future use of the facility.

OPR partner Atty. Joseph O’Brien presented the Keynote Address entitled “Free Speech, Free Press, Free Society” at the LBA’s Interfaith Service on May 8, 2019 in Scranton.

Atty. Joseph O'Brien and Atty. Michael O'Brien successfully defended on appeal an antitrust suit filed by two cable installation contractors against a national cable communications company and another contractor.

Joseph O’Brien and Michael O’Brien recently completed the successful defense of two professional defendants who were sued for violation of covenants not to compete contained in written agreements with prior employers.

Joseph O’Brien and Jenna Kraycer Tuzze recently completed the successful defense of three separate cases filed against an area business corporation which owns a recreational lake in northeastern Pennsylvania.

Jenna Kraycer Tuzze and Joseph O’Brien recently obtained dismissal of a case on First Amendment grounds. The case was filed against members of a local church who were sued by a former pastor alleging that they improperly encouraged ecclesiastical authorities to remove him from his position. The legal theory presented by the claimant was tortious interference with contractual relations and tortious interference with prospective contract relations. The court dismissed the case on the grounds that the First Amendment prohibited inquiry into the decision making of ecclesiastical authorities and to allow the suit would involve an unconstitutional intrusion into the decision making power of ecclesiastical authorities. This case is presently on appeal before the Superior Court of Pennsylvania.

Joseph O’Brien and Jenna Kraycer Tuzze recently successfully pursued an assessment appeal in Monroe County. The appeal involved a large commercial property in the hospitality industry. Prior to the recent County wide reassessment in Monroe County, the property had an assessed value of $870,960.00 and was subject to a total real estate tax obligation of approximately $150,000.00. The County wide reassessment increased the assessed value to $10,968,300.00 and as a result, the real estate tax obligation was increased to approximately $280,000.00. O’Brien and Tuzze appealed on behalf of the property owner and the appeal was successfully resolved with the assessment being reduced to $3,850,000.00 and the tax obligation reduced to approximately $100,000.00. This reflected a $180,000.00 reduction in taxes had the County wide reassessment remained in place and a $50,000.00 reduction in taxes from the previous level.

Joseph O’Brien and Travis Eckersley recently successfully defended a local social welfare organization that offers representative payee services. A client of the company was a resident at a local personal care home prior to her death. The payee’s estate sued the personal care home and her representative payee for alleged abuse that occurred at the nursing home prior to her death. The court dismissed the claim against the representative payee on the theory that the duties of a representative payee did not extend to the insuring her safety at the facility where she was placed.

Joseph O’Brien has been appointed Solicitor of the City of Scranton. O’Brien continues as a member of the firm.