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Publication Date: 2021-10-25
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1071
The court held that plaintiff failed to properly plead vicarious liability related to actions of defendants' agents since she did not plead principal-agent relationships. Also, the direct negligence claims were boilerplate allegations which caused the claims to fail for lack of specificity. Complaint dismissed.
Publication Date: 2021-10-25
Practice Area: Personal Injury
Industry: Construction
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1157
Plaintiffs sufficiently pled that defendant's employer appreciated the risk of harm of one of its employees driving under the influence and consciously disregarded that risk by allowing him to drive anyway, and employer could be found vicariously liable for its employee's actions regardless of the punitive damages standard. The court overruled defendant's preliminary objections to plaintiffs' punitive damages claim.
Publication Date: 2021-10-25
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1156
Petitioners demonstrated that for at least six months prior to the filing of an involuntary termination petition, father, who was incarcerated on murder charges, had demonstrated a settled purpose to relinquish parental claim to his son and failed to perform his parental duties. The court granted a petition to terminate father's parental rights.
Publication Date: 2021-10-18
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1069
The court adopted two previous suppression rulings, holding that the coordinate jurisdiction rule applied to juvenile court for decisions in related cases in criminal court. Motion to suppress denied.
Publication Date: 2021-10-18
Practice Area: Litigation
Industry: Automotive
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1068
The court found that defendant towing company properly followed the applicable statute when it obtained title to two abandoned vehicles owned by plaintiff who failed to reclaim subject vehicles being stored by defendant. Judgement in favor of defendants.
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Publication Date: 2021-10-18
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1063
The court held that it would allow defendant physician's expert medical testimony as to standard of care. Further, it would not bar defendant physician's testimony as to known risks and complications of surgery until disclosure of his intended testimony to determine whether testimony was relevant to the issue of standard of care. Plaintiffs' motion in limine denied.
Publication Date: 2021-10-18
Practice Area: Discovery
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1062
The moving party, respondent, was not allowed to take depositions of petitioner's fact witnesses several months after the close of discovery and close in time to the scheduled trial date. Motion to compel depositions denied.
Publication Date: 2021-10-18
Practice Area: Discovery
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge McCoy
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1065
The court found that some limitations on discovery in this contentious estate matter were warranted and, thus, granted objector a protective order from a notice of deposition where the proceedings were dragging on to the ultimate detriment of the minor beneficiary of the estate. The court granted objector's petition for a protective order.
Publication Date: 2021-10-18
Practice Area: Civil Procedure
Industry: State and Local Government
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Leete
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1066
Plaintiff was not entitled to the relief sought in its petition for contempt, which confused civil and indirect criminal contempt and failed to demonstrate more than noncompliance, as there was nothing to be gained by litigating the potential violation of an order that was no longer in effect. The court dismissed the motion to contempt.
Publication Date: 2021-10-18
Practice Area: Civil Procedure
Industry: Entertainment and Leisure
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1067
Plaintiffs, two little league baseball teams, made out a prima facie case that the defendant league's disqualification ruling based upon positive COVID-19 tests was arbitrary and capricious; however, they failed to show that the suggested remedy, i.e., their addition to the roster of teams participating in the 2021 Little League Baseball World Series Tournament, would restore them to their status as it existed immediately prior to the alleged wrongful conduct. The court denied plaintiffs' petitions for special and preliminary injuncti
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