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Spring Oaks Capital, LLC v. Rettenmeyer
Publication Date: 2024-09-20
Practice Area: Creditors' and Debtors' Rights
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
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Case number: 218-CV-2024

Defendant filed preliminary objections to assignee-plaintiff's complaint seeking recovery on a credit card debt. The court dismissed the preliminary objections, holding that plaintiff's complaint was sufficiently specific and legally sufficient, even absent attached writings necessary to satisfy Pa. R. Civ. P. 1019(i).

Appellate Division, Second Department: September 20, 2024
Publication Date: 2024-09-20
Practice Area: Appellate Division Activity | Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Motion List & Order on Application
Judge: Unsigned
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Case number: DOCKET

Motion List & Order on Application released on:September 18, 2024

Pesci v. Twp. of Parsippany
Publication Date: 2024-09-20
Practice Area: Damages | Government | Real Estate
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Court: Appellate Division
Judge: Per Curiam
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Case number: A-0952-23

Plaintiff appealed the grant of summary judgment in favor of defendant Township and the dismissal of her complaint alleging Township "failed to maintain and negligently repaired [a] drainage system on [p]laintiff's property and the cul-de-sac where [p]laintiff's property [wa]s located." Plaintiff purchased a home in 1978 and installed a swimming pool which subsequently required repairs.

Commonwealth v. Martin
Publication Date: 2024-09-20
Practice Area: Criminal Law
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Court: Superior Court
Judge: Per Curiam
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Case number: 791 MDA 2022

Commonwealth appealed the trial court's order granting appellee's post-sentence motions for discharge or alternatively for a new trial on weight-of-the-evidence grounds. The court reversed, affirmed the grant of a new trial, and remanded for further proceedings, holding in pertinent part that the trial court did not abuse its discretion in concluding the jury's verdict shocked its conscience in light of the trial court's review of alternative theories for victim testimony accusing appellee of sexual molestation.

Hoss Land Co. v. Thorson
Publication Date: 2024-09-20
Practice Area: Real Estate
Industry: Financial Services and Banking | Real Estate
Court: Superior Court
Judge: Judge Beck
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Case number: 1551 MDA 2023

Court found trial court did not abuse its discretion in entering default judgment as a sanction for defendant's willful failure to comply with discovery obligations and withholding records necessary to determine the amount owed on the mortgage at issue. Order of the trial court affirmed.

Law Journal Press | Digital Book Pennsylvania Causes of Action, 12th Edition Authors: GAETAN J. ALFANO, RONALD J. SHAFFER, JOSHUA C. COHAN View this Book

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In the Interest of: R.B.
Publication Date: 2024-09-20
Practice Area: Family Law
Industry: Education | State and Local Government
Court: Superior Court
Judge: Judge Panella
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Case number: 230 EDA 2024

Court found no error in admitting children's school records obtained from the school district under the hearsay exception for records of a regularly conducted activity. Judgment of the trial court affirmed.

People v. Hughey
Publication Date: 2024-09-20
Practice Area: Criminal Law
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Court: Court of Appeal, 2nd District
Judge: Presiding Justice Gilbert
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Case number: B325796

Forced movement of victims not incidental to underlying robbery

Rice Drilling B, LLC v. Scott
Publication Date: 2024-09-20
Practice Area: Energy and Natural Resources
Industry: Mining and Resources
Court: Superior Court
Judge: Judge Olson
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Case number: 854 WDA 2023

Trial court erred as a matter of law in sustaining coal owners' preliminary objection asserting improper venue and transferring the case to Greene county because venue in Allegheny county was proper on appellants' breach of contract, negligent misrepresentation and abuse of process claims relating to oil well drilling. Vacated and remanded.

Appellate Term, First Department: September 20, 2024
Publication Date: 2024-09-20
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Term, First Department, Orders on Motions
Judge: Unsigned
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Case number: DOCKET

Orders on motions filed on:September 18, 2024

City of Atlanta v. Perkins
Publication Date: 2024-09-20
Practice Area: Civil Procedure | Premises Liability
Industry: State and Local Government
Court: Georgia Court of Appeals
Judge: Judge Hodges
Attorneys:
For plaintiff: Thomas Reilly, Margaret Mathis, William Smith, Mark Bailey, (Troutman Pepper Hamilton Sanders LLP), Atlanta, for appellant.
For defendant: Dwight Chamberlin, William Gray, (Gray King Chamberlin & Martineau LLC), Atlanta, Maxwell Thelen, Seth Lowry, (Ashby Thelen Lowry), Marietta, for appellee.
Case number: A24A0695

Court affirms spoliation sanctions against City of Atlanta in a negligence action, and affirms trial court's decision to overturns attorney fees award due to a procedural deficiency