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Publication Date: 2024-08-09
Practice Area: Contracts
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 5122 CV 2022
Plaintiff sued defendant on claims arising from a lease/purchase agreement concerning truck trailers. The court found against plaintiff, which had breached the agreement, and ruled in favor of defendant on its counterclaim, awarding $20,000 in damages.
Publication Date: 2024-08-09
Practice Area: Personal Injury
Industry: State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
for defendant:
Case Number: 1019 CV 2022
Plaintiffs' motion to amend their second amended personal injury complaint was denied where plaintiffs failed to plead facts sufficient to satisfy the state-created danger doctrine exception to § 1983's lack of applicability to tort claims against the state.
Publication Date: 2024-08-09
Practice Area: Land Use and Planning
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
for defendant:
Case Number: 7101-CV-2022
Defendant property owner appealed the trial court's judgment in favor of plaintiff township in its action for enforcement of a zoning violation notice arising from defendant's use of his property for short-term rentals. The court concluded that where defendant had not appealed an adverse ruling by Township's Zoning Hearing Board as to his prohibited use of the property, the sole question in Township's case was whether defendant's prohibited activity was continuing, and not whether defendant's use of his property fell within another au
Publication Date: 2024-07-05
Practice Area: Litigation
Industry: Automotive | Energy
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 3806 CV 2023
Defendant petitioned to open default judgment. The court denied the motion, holding defendant failed to establish excusable negligence for its failure to timely answer plaintiff's complaint where it claimed only that it suffered difficulties in forwarding process to Pennsylvania counsel after being served out of state.
Publication Date: 2024-06-28
Practice Area: Contracts
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 002277-CV-2021
Defendant sought post-trial relief after a jury verdict in favor of plaintiff on plaintiff's breach of contract and fraud claims. The court denied defendant's post-trial motion, holding that defendant was not entitled to call a court reporter at trial to testify regarding a purported error in a witness's deposition transcript, and that plaintiff was not required to support his claim of document forgery with testimony from a forensic document examiner.
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Authors: Gary L. Brown
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Publication Date: 2024-06-28
Practice Area: Contracts
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 007764-CV-2023
Plaintiff seller sued defendant buyer for ejectment from real property after a failed residential home sale. Following a non-jury trial, the court found in favor of plaintiff where defendant moved into the residence without permission despite expiration of the parties' "offer to purchase real estate" without a closing on the property.
Publication Date: 2024-06-21
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 6731 CIVIL 2023
The court sustained defendant's preliminary objection to plaintiff's failure to attach sufficient account statements to its complaint but overruled defendant's objection that plaintiff did not attach a signed cardholder account agreement to its complaint.
Publication Date: 2024-06-21
Practice Area: Damages
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 2341 CV 2022
The court entered an award of negligence damages in favor of plaintiff after he suffered a dog attack and obtained default judgment against the dog's owners. Based upon evidence that included plaintiff's medical history and the opinion testimony of plaintiff's expert medical witness, the court awarded plaintiff some $500,000 for pain and suffering, loss of earnings or earning capacity, and future loss of earnings or earning capacity.
Publication Date: 2024-06-07
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 001402-CV-2020
Plaintiff sought summary judgment in its action to eject defendant from a residential lot after a mortgage foreclosure. The court denied plaintiff's summary judgment motion where fact issues remained as to whether defendant occupied only the single lot identified and claimed by plaintiff, or instead resided upon multiple lots that might be joined and inseparable.
Publication Date: 2024-06-07
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 7907 CIVIL 2023
Defendant real estate brokerage and real estate agent filed preliminary objections to plaintiff homebuyers' amended complaint. The court overruled the preliminary objections, holding that defendants could not avoid plaintiffs' fraud and related claims at the preliminary objection stage where the crux of plaintiffs' claims was that all named defendants had conspired to conceal the deteriorated condition of the home that plaintiffs purchased.
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