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Publication Date: 2022-10-31
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
for defendant:
Case Number: 5069-CV-2021
Court denied defendant's motion for summary judgment. Although defendant argued summary judgment was proper because plaintiff failed to respond to the requests for admissions, the court ultimately found that genuine issues of material fact still existed because plaintiff, a corporation that sought recoveries of debt, failed to properly plead that they were the successor in interest on the debt.
Publication Date: 2022-10-24
Practice Area: Legislation
Industry: Construction
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 6465 CV 2021
Court denied preliminary objections to plaintiff's request for judgment on a mechanic's lien. Although defendants argued that plaintiffs did not meet the definition of a subcontractor under the Mechanic's Lien Law of 1963, the court disagreed, finding that plaintiffs had supplied the necessary excavation equipment for the project and therefore met the statutory interpretation of a subcontractor pursuant to 49 P.S. §1101 et. seq.
Publication Date: 2022-10-24
Practice Area: Administrative Law
Industry: Automotive | State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Capuano
Attorneys: For plaintiff:
for defendant:
Case Number: 826 CV 2022
The court affirmed the decision of respondent Pennsylvania Department of Transportation in suspending a safety inspector's license for a period of two years finding that petitioner improperly furnished a certificate of safety without first conducting a proper safety inspection. The court found that respondent met its burden under 75 Pa. C.S.A. §4726 and 6 Pa. Code §175.130, which both addressed consequences for a mechanic's failure to perform a proper safety inspection.
Publication Date: 2022-10-24
Practice Area: Legislation
Industry: State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 7092 CV 2021
The court ruled that, although a municipality's statutes pertaining to their library taxes presented conflicting statements due to a grammatical error, the statute could nevertheless be reviewed for its clear statutory intent under the Statutory Construction Act. Therefore, in reviewing the statute and examining the statute's clear intent, the court ultimately held that the library could increase tax rates without first submitting the issue to municipalities' voters.
Publication Date: 2022-10-17
Practice Area: Administrative Law
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
for defendant:
Case Number: 824 CIVIL 2022
The court affirmed the decision of the Pennsylvania Department of Transportation suspending petitioner automotive service company's license due to fraudulent record keeping. The court noted that the department presented sufficient requisite level of proof at the hearing to affirm the decision.
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Publication Date: 2022-10-17
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 1183 CIVIL 2022
The court overruled plaintiff's objections to defendant's preliminary objections in a matter arising out of allegedly defamatory statements between strangers in line at a store. The court noted that plaintiff failed to plead all of the required elements of a defamation claim, finding specifically that no one at the store knew his name and therefore did not know whom the defamatory statements were referring to. The court further found that plaintiff failed to plead special damages pursuant to Pa. R.C.P. 1019(f).
Publication Date: 2022-10-03
Practice Area: Wrongful Death
Industry: Real Estate
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 failed to ensure a bus stop outside of their gated community was safe. The court granted the motion on the grounds that defendants had no control over where the bus stops were installed and owed no duty to plaintiff on these grounds.
Publication Date: 2022-10-03
Practice Area: Wrongful Death
Industry: Real Estate
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 failed to ensure a bus stop outside of their gated community was safe. The court granted the motion on the grounds that defendants had no control over where the bus stops were installed and owed no duty to plaintiff on these grounds.
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
Attorneys: For plaintiff:
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.
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