DAMAGES HEARING UPDATE

Due to the number of Plaintiffs and Fact Witnesses who wish to present testimony on damages, Judge Conner modified the schedule of the damages hearing as follows:

A hearing to assess damages against defendants Michael T. Conahan and Mark A. Ciavarella, Jr. shall take place during the weeks of September 7th, 2021, and October 4, 2021, commencing at 9:30 a.m. on Monday, September 27, 2021 in Courtroom #4, Max Rosenn United States Courthouse, 197 South Main Street, Wilkes-Barre, Pennsylvania.

More information will be sent out soon regarding the scheduling of your individual testimony. If you have any questions about the Damages Hearing, please email Colleen Swiers at cswiers@anapolweiss.com.

List of Relevant Documents:

  • August 23, 2021 Order Modifying Damages Hearing Schedule PDF


  • IMPORTANT LUZERNE COUNTY LITIGATION INFORMATION

    If you appeared before former Judge Mark A. Ciavarella, Jr., at any time between January 1, 2003, and May 28, 2008, and participated in the litigation class action in this case, you may be entitled to a further award.

    On June 25, 2009, a Master Class Action and Master Long Form Complaint were filed in the United States District Court for the Middle District of Pennsylvania. The claims against all the defendants except defendants Ciavarella and Conahan were resolved. On December 6, 2013, Judge Caputo entered default judgment against defendant Conahan because he never responded to the complaints. On January 9, 2014, Judge Caputo granted summary judgment against defendant Ciavarella for matters which he did not have judicial immunity. Judge Caputo deferred an assessment of damages against defendants Ciavarella and Conahan until a later date. This civil action was assigned to Judge Christopher C. Conner after Judge Caputo’s passing.

    To assess damages for your individual claim(s) against defendants Ciavarella and Conahan, you have the right to testify, in person or virtually, before Judge Conner during the week of September 27, 2021. It is your choice whether to testify. Your testimony will be a conversation with Judge Conner and an opportunity to tell him your story and about the injuries you suffered, or continue to suffer, because of the acts of defendants Ciavarella and Conahan. You may present a wide range of evidence regarding your injuries, including but not limited to, documentation of expenses for medical or mental health treatment or other out-of-pocket expenses, and testimony regarding any emotional or psychological injuries.

    After you testify, Judge Conner may issue an additional compensatory damages award. He may also award punitive damages. After Judge Conner rules, we will have to try to determine what assets, if any, either defendant may have to satisfy the awards. After discovery, if we find out that defendants Ciavarella and Conahan have any assets, we will seek to place them into an account so that the Court can approve a plan of distribution.

    YOUR LEGAL RIGHTS AND OPTIONS

    DO NOTHING

    Forego additional potential damages awards for injuries caused by the unlawful conduct of defendants Mark A. Ciavarella, Jr., and Michael T. Conahan.

    By doing nothing, you are waiving your right to seek additional damages from defendants Ciavarella and Conahan in this case. 

    PARTICIPATE IN THE DAMAGES HEARING DURING THE WEEK OF SEPTEMBER 27, 2021

    By August 30, 2021, elect to participate in the damages hearing during the week of September 27, 2021, by video conference or in person.

    Present any evidence, including testimony, regarding injuries you have incurred as a result of the actions of defendants Ciavarella and Conahan.

    See the attached letter for more information about the Damages Hearing. If you have any questions about the Damages Hearing, please email Colleen Swiers at cswiers@anapolweiss.com.

    List of Relevant Documents:

  • Court Approved Letter re Damages Hearing PDF


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    More information on the Powell Defendants Settlement.

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