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  • Kissling, Amorosa & Co., Inc. v. CLI, Inc.

    Publication Date: 2019-10-14
    Practice Area: Contracts
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1195

    The court sustained defendants' preliminary objections, because plaintiff failed to properly join a party and the complaint did not state claims for an account stated. The gist of the action doctrine precluded tort claims in this contract matter.

  • Commonwealth v. Taylor

    Publication Date: 2019-10-14
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1188

    A law enforcement officer lacked probable cause for a traffic stop, so the court granted defendant's motion to suppress based on the "fruit of the poisonous tree" doctrine.

  • In re: The Ellwood City Cmty. Health Found.

    Publication Date: 2019-10-14
    Practice Area: Corporate Entities
    Industry: Health Care | Non-Profit
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Acker
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1194

    The court refused the request of a non-profit corporation, formed to fund the operations of a hospital, to amend its articles of incorporation and change its purpose to that of a charitable corporation since the non-profit had a legal obligation to former employees to fund an underfunded pension plan before it could be said to have completed its corporate purpose. The court recommended affirmance.

  • Adams v. Savino

    Publication Date: 2019-10-14
    Practice Area: Wrongful Death
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1192

    The court denied plaintiff's motion for reconsideration, because she sued an additional party after the statute of limitations had expired, so dismissal of that party was appropriate.

  • Myers v. Moran Foods

    Publication Date: 2019-10-07
    Practice Area: Civil Procedure
    Industry: Retail
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1131

    The use of a franchise name was defendants' only connection with the county where this action was filed. Plaintiff filed this case in an improper venue, and so the court transferred the matter to another county.

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  • Emery v. Drew

    Publication Date: 2019-10-07
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1130

    Property owners voluntarily severed a joint tenancy with rights of survivorship when they conveyed an unequal interest to another person. The court found that the parties to this proceeding each had a one-half interest in the property as tenants in common, so the court granted plaintiff's request for partition.

  • In re: Objection to Nomination of Shannon N. Crisci-Brock

    Publication Date: 2019-10-07
    Practice Area: Election and Political Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1133

    Petitioners' did not demonstrate that a candidate's failure to include certain information on her statement of financial interests constituted a fatal defect. The candidate timely filed an amended statement, so the court declined to set aside her nomination petition.

  • Commonwealth v. Print

    Publication Date: 2019-10-07
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1132

    Where the arresting officer did not provide any details as to what Miranda warning he gave defendant, there was no indication that police properly advised defendant of his Miranda rights and no evidence that defendant knowingly, intelligently and voluntarily waived his right against self-incrimination. The court granted in part defendant's motion to suppress.

  • Guptill v. Fortune Foreclosure, LLC

    Publication Date: 2019-09-30
    Practice Area: Civil Procedure
    Industry: Real Estate
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1102

    Where defendants presented a petition to open default judgment within the 10-day period set forth in Pa.R.Civ.P. 237.3(b), the court presumed the petition was timely and that there was a legitimate excuse for the delay and, thus, granted the petition upon defendants' presentation of meritorious defenses to the underlying claims. The court granted defendants' petition to open default judgment.

  • Cohen v. Ellwood Crankshaft & Machine Co.

    Publication Date: 2019-09-23
    Practice Area: Discovery
    Industry: Construction | Legal Services
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1073

    Pursuant to Pa.R.Civ.P. 4003.3, the information defendants sought from the additional defendants' corporate counsel was protected by the attorney-client privilege and work product doctrine as defendants were seeking counsel's conclusion and opinions regarding an issue of law that would ultimately be decided by the court. The court denied defendants' motion to compel.