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569 results for '* court:"Courts of Common Pleas Monroe County"' You can use Search Constraints to get even better search results
Publication Date: 2022-10-03
Practice Area: Wrongful Death
Industry: State and Local Government | Transportation
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 5117 CIVIL 2020
Court granted motion to dismiss filed by property association defendants in a wrongful death claim where plaintiffs alleged defendants negligently located and designed a dangerous bus stop. The court granted the motion on the grounds that plaintiffs' claims were barred under the doctrine of sovereign immunity due to precedent holding immunity was only waived in instances where defendant government agency constructed a negligent condition.
Publication Date: 2022-09-26
Practice Area: Contracts
Industry: Construction | Insurance
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
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for defendant:
Case Number: 1994 CIVIL 2022
While Pennsylvania does not recognize direct causes of actions against insurance carriers by third-parties, the court refused to dismiss plaintiff's complaint where the crux of his claim was not based on the subject insurance policy but on the insurer's breach of an agreement to pay a sum certain in exchange for plaintiff's decision to forego litigation. The court denied in part defendant's preliminary objections.
Publication Date: 2022-09-26
Practice Area: Personal Injury
Industry: Cargo and Shipping | Distribution and Wholesale
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
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for defendant:
Case Number: 1093 CIVIL 2022
Defendants could not be held liable for injuries plaintiff allegedly suffered in a slip and fall accident during an ongoing weather event as icy rain conditions were occurring generally throughout the area and not all of the icy conditions could reasonably be addressed. The court granted defendants' motion for summary judgment.
Publication Date: 2022-09-26
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 001961-CV-2019
Court granted motion to dismiss matter arising out of a family dispute regarding a life tenancy on a decedent's property. The court granted the motion to dismiss on the grounds that the administrator of the estate failed to file the complaint within the applicable statute of limitations. The court further granted the motion on the grounds that the administrator simply speculated that decedent suffered damages but otherwise failed to produce any appraisals, facts, or figures which supported the claim.
Publication Date: 2022-09-12
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
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for defendant:
Case Number: 22-0895
Plaintiffs were not required to produce the testimony of their former neighbors to prove a binding consentable line by recognition and acquiescence as the evidence of record clearly established that the former neighbors acquiesced to three spruce trees as the boundary line between the two properties. The court granted plaintiffs relief in this action to quiet title.
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Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner
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Publication Date: 2022-08-22
Practice Area: Employment Litigation
Industry: Automotive | Retail | State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0844
Court denied employer defendant's preliminary objections to plaintiff employees' employment law action arising out of a wrongful termination claim. Plaintiffs argued they were wrongfully terminated from their positions for failure to return to work while their county was still in the "Red Phase" of Governor Wolf's executive order closing in-person businesses during the COVID-19 pandemic. Although defendant argued plaintiffs were not entitled to rely on the executive order for the basis of their wrongful termination claim, the court di
Publication Date: 2022-08-15
Practice Area: Personal Injury
Industry: Hospitality and Lodging
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0842
Court granted defendant's request to dismiss plaintiff's personal injury complaint for failure to serve the complaint within the applicable statute of limitations. The court held that although plaintiff was granted a praecipe for writ of summons, plaintiff did not act quickly enough to serve the summons and the plaintiff's service of the complaint, eleven months after the statute of limitations had run, demonstrated a lack of good faith. Therefore, the court dismissed the complaint in its entirety.
Publication Date: 2022-08-08
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
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for defendant:
Case Number: 22-0845
Court partially granted preliminary objections arising from a property law dispute between a community owning a planned subdivision and a defendant resident. While defendant argued plaintiff's attempt to collect payment for her use of a recorded easement was not properly pled pursuant to the Uniform Planned Community Act, the court indicated plaintiff's attached declaration sufficiently described the property in question. The court did, however, agree plaintiff mistakenly referred to a wrong deed in part of their complaint and indicat
Publication Date: 2022-08-08
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0849
Trespass claim based on stormwater discharge failed where property owner provided no expert testimony to establish increased discharge or to calculate damages, and where owner was aware of discharge onto the property prior to their purchase. Defendants' motion for summary judgment granted.
Publication Date: 2022-08-08
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0848
Where plaintiffs asserted that defendant violated the state's Storm Water Management Act and sought remedies under §15 of that act, which provides that remedies for actions in equity are to restrain, prevent or abate violation of the act or any watershed storm water plan, plaintiffs were limited to such statutory remedies. The court issued an order limiting damages.
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