Recent News & Cases

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.

January 2020
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.

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.
One of the cases involved an insurance professional who started his own agency. The other case involved a healthcare professional who affiliated with a new group. Each case was resolved without any payment by the Defendant and without any restriction on any of their future professional activities.

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.
In each case, the property owners in the vicinity of the lake claimed the right to use the lake without paying the fee established by the Defendant owner. The cases were tried separately and involved different facts and different legal issues, among them, easement by deed, prescriptive easement, implied easement and easement by reservation. The cases were tried before the court without a jury. The court entered a verdict in favor of the Defendant lake owner in all three cases, as well as, an injunction precluding the plaintiffs’ future use of the lake without Defendant’s approval.

Joseph O’Brien presented Keynote Address at the LBA’s Interfaith Service
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
OPR in the News: 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. The Third Circuit affirmed the earlier determination of Judge Robert Mariani of the District Court, who concluded that the record contained no evidence of any antitrust injury sustained by the plaintiffs or any evidence that the defendants were guilty of any anti-competitive behavior.

https://www.law360.com/appellate/articles/1151904/comcast-keeps-installer-antitrust-suit-win-at-3rd-circ-

Michael O'Brien named a Pennsylvania Rising Star by SuperLawyers Magazine
Atty. Michael O’Brien was recently named a Pennsylvania Rising Star by SuperLawyers Magazine, an honor awarded to fewer than 2.5% of Pennsylvania attorneys.

Atty. O'Brien is a partner at OPR and concentrates his practice in commercial and civil litigation, business law, personal injury law and criminal defense. A graduate of Georgetown University and Temple University Law School, Atty. O’Brien is a U.S. Army veteran and an adjunct professor at Marywood University, where he teaches Business Law.

May 2018
OPR partner Atty. Joseph O’Brien successfully defended an antitrust suit filed by two cable installation contractors against a national cable communications company and another contractor. In the Court's opinion, Judge Mariani concluded that the record contained no evidence of any antitrust injury sustained by the plaintiffs or any evidence that the defendants were guilty of any anti-competitive behavior.
 

September 2017
Jenna M. Kraycer joined the firm as an Associate Attorney. A native of Peckville, Jenna is a 2010 graduate of Valley View High School. Attorney Kraycer received a Bachelor of Science degree in Psychology from the University of Pittsburgh, where she graduated summa cum laude. Jenna attended the Pennsylvania State University Dickinson School of Law in Carlisle, Pennsylvania, where she served as a Senior Editor to the Penn State Law Review, and obtained a Juris Doctor degree.She successfully passed the July 2017 Pennsylvania bar exam.
 

July 2017
James J Gillotti attended the annual Elder Law Institute, a 2 day continuing legal education seminar conducted by the Pennsylvania Bar Institute in Harrisburg. Several hundred attorneys attended this event to enhance their knowledge of subjects such as estate planning, special needs planning and protecting assets from nursing home costs. Topics that were discussed included recent developments in those areas of the law.
 

June 2017
The law firm was one of a group of local businesses serving as sponsors for 2017 summer concerts taking place each week at Hillside Park in Clarks Summit. These concerts, where admission is free, provide an opportunity for members of the community to enjoy music on Wednesday nights in an outdoor setting at the park.
 

April 2017
James J Gillotti gave a presentation to members of a support group for families of individuals having Alzheimer's disease. The presentation, which was given at Elan Gardens, a Senior living Center in Clarks Summit, included information about protecting assets from long-term care costs.
 

January 2017
James J Gillotti was recertified by the National Elder Law Foundation ("NELF") as a certified Elder Law Attorney ("CELA"). NELF is the only organization approved by the American Bar Association to certify attorneys in Elder Law. It is also the only entity authorized by the Supreme Court of Pennsylvania to grant certification in elder law for lawyers in the Commonwealth. There are less than 60 CELAs in Pennsylvania and approximately 500 in the United States.
 

August 2016
James J Gillotti gave a presentation at the Peoples Law School, an annual event conducted by the Lackawanna Bar Association. It was attended by lawyers who received continuing legal education credit, and members of the general public. The topic was Crisis Nursing Home Planning. Various strategies available under the law to protect assets from the costs of long-term care were explained by Mr. Gillotti.
 

July 2016
James J Gillotti attended two events in Lancaster: 1. The semiannual meeting of the Pennsylvania Academy of Elder Law Attorneys; and 2. The annual Elder law Institute, a 2-day continuing legal education seminar conducted by the Pennsylvania Bar Institute. The latter event was attended by more than 300 lawyers from across the Commonwealth. It is regarded as one of the best yearly seminars on Elder Law in the United States.
 

June 2016
Attorney Jane Carlonas was appointed in June, 2016 to a three year term as a member of the Board of Directors of Scranton Primary Health Care Center, Inc.
 

June 2016
James J. Gillotti gave a presentation to residents of Green Ridge Senior Apartments in Scranton. The topic was the Basics of Estate Planning - wills, powers of attorney, healthcare directives, trusts, Pennsylvania inheritance tax & the probate process.
 

May 2016
Joseph A. O’Brien gave a presentation regarding legal aspects of managing personnel to a group of executives of non-profit organizations. The presentation was given under the auspices of the Northeast Behavioral Health Care Consortium.
 

March 2016
Attorney Michael O'Brien has been named as Profile Editor of the Federal Bar Association Military and Veterans Law Newsletter.
 

January 20016
Joseph A. O’Brien was reappointed Solicitor for the North Pocono School District. He also serves as Solicitor for the following governmental entities: Roaring Brook Township, Fell Township, Elmhurst Township Zoning Board, and Clarks Summit Borough (Labor Solicitor).
 

December 2015
Oliver Price and Rhodes was one of 2 organizations to receive the 2015 Community Partner Award from the Scranton Area Foundation. The award was given at the Foundation's annual Community Celebration in Scranton.
 

December 2015
Atty. James J. Gillotti was the speaker at a continuing legal education seminar given to members of the Lackawanna Bar Association in Scranton. The topic was Ethical Issues in Estate Planning.
 

October 2015
Atty. James J Gillotti gave a presentation to members of the general public. The topic was Legal Issues for Persons with Alzheimer's Disease. He was one of several speakers at a day-long conference held at Marywood University in Scranton, which was conducted by the VNA Hospice and Home Health Organization
 

March 2015
Al Weinschenk was recently reappointed the Solicitor for Clarks Green Borough and the Roaring Brook Township Sewer Authority.

January 2015
January 19, 2015 Kimberly Kost Scanlon joined the faculty of Keystone College as an adjunct professor teaching Organization Development and Change in the Human Resources and Management department.