• TD Auto Fin., L.L.C. v. Frabotta

    Publication Date: 2019-11-18
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Automotive
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1286

    In this debt collection matter, plaintiff failed to establish it was entitled to relief under the Motor Vehicle Sales Finance Act. The court dismissed the complaint, but permitted plaintiff to amend. Plaintiff filed this action based on defendant's alleged violation of a retail installment sale agreement. Shenango Auto Mall sold defendant a used automobile. Plaintiff claimed that Shenango assigned its interest under the contract to plaintiff. Defendant allegedly failed to make all of the payments required under the installment agreeme

  • PennTex Ventures, LLC v. Mastrangelo

    Publication Date: 2019-11-04
    Practice Area: Government
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1252

    Addressing an issue of first impression, the court of common pleas held that Pennsylvania's Municipalities Planning Code "trumped" the Optional Third-Class City Charter Law under the circumstances and, therefore, the Mayor of the City of New Castle could not veto a new zoning ordinance amendment passed by city council. The court granted plaintiffs' motion for judgment on the pleadings.

  • Hahn v. Wilmington Twp.

    Publication Date: 2019-11-04
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1254

    Under the state's Right-to-Know Law, a citizen was entitled to copies of invoices from the township's attorney, and the township could only redact privileged information. The court ordered the township to provide specific information that had been improperly redacted.

  • Henderson v. Palmer

    Publication Date: 2019-11-04
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1256

    Plaintiff's allegations that defendant was using a cell phone and was otherwise distracted from observing the roadway while driving at a high rate of speed, thus causing a collision, were enough to permit plaintiff's recklessness claims to survive preliminary objections. The court overruled in part defendant's preliminary objections.

  • Hahn v. Neshannock Twp.

    Publication Date: 2019-11-04
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1253

    The court conducted a line-by-line, in-camera analysis of the invoices for legal services provided to respondent, Neshannock Township, and found that disclosure of the content of many of those invoice entries would result in disclosure of information otherwise protected by the attorney-client privilege and/or work product doctrine. The court affirmed in part and reversed in part.

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  • Commonwealth v. Mahoning Twp.

    Publication Date: 2019-10-28
    Practice Area: Government
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1246

    The court required additional evidence as to the funding, operation and activities of the Commonwealth Financing Authority in order to address whether it was a commonwealth agency as defined in 42 Pa.C.S.A. §102 for purposes of sovereign immunity. The court overruled in part plaintiff's preliminary objections.

  • Meese v. Slater-Bailey

    Publication Date: 2019-10-28
    Practice Area: Motor Vehicle Torts
    Industry: Education
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1255

    The issue of notice under 42 Pa. C.S.A. §5522 was not jurisdictional and had to be raised by defendants in its responsive pleading. Therefore, the court overruled defendants' preliminary objection, because this question could not be decided at the pleading stage.

  • Faustino v. MD Warren Elec., LLC et al

    Publication Date: 2019-10-21
    Practice Area: Corporate Entities
    Industry: Construction | Energy
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1193

    Defendants, officers of a limited liability company, could be held liable for any of their malfeasance alleged in plaintiff's complaint through the participation theory of liability, including allegations that they created a new LLC with the sole purpose of diverting customers away from the original LLC and used trade secrets misappropriated from that entity. The court overruled in part defendants' preliminary objections.

  • Hall v. Fisher

    Publication Date: 2019-10-14
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1191

    In this dispute about an access road, plaintiffs were entitled to a preliminary injunction even though their claims for relief were all actions at law.

  • Commonwealth v. Platt

    Publication Date: 2019-10-14
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1187

    The court denied defendant's petition for post-conviction relief, because he did not demonstrate ineffective assistance of trial counsel and he failed to establish the reliability of recanted testimony.