• Commonwealth v. Ly

    Publication Date: 2023-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Rogers
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 5286-2021

    Criminal defendant in a DUI case filed a motion to suppress evidence following a traffic stop, asserting that the police officer lacked probable cause to stop his vehicle. The court agreed, finding that the Commonwealth had not met its burden of establishing probable cause for the traffic stop and suppressed the evidence.

  • 535 Penn Inv. LLC. v. Delaware Steel Co. of Pennsylvania

    Publication Date: 2023-06-19
    Practice Area: Contracts
    Industry: Real Estate
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Saltz
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2022-04180

    The court granted defendant's petition to strike the confessed judgment entered against it by plaintiff. Plaintiff, an LLC, had filed a complaint for confession of judgment for money against defendant, a steel company, claiming non-payment of rent per a lease agreement. Defendant filed a petition to strike the judgment, citing several defects in the complaint and alleging misconduct by plaintiff.

  • Commonwealth v. Wright

    Publication Date: 2023-05-08
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Rogers
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2212-2022

    Although a psychologist conducted a series of psychoeducational assessments and concluded that defendant should be tried as a juvenile defendant, the court denied the 19-year-old's motion to decertify the matter back to juvenile court because several factors outlined in 42 Pa.C.S.A. §6355 did not warrant juvenile jurisdiction.

  • Schmidt v. Pennsylvania Dep't of Transp.

    Publication Date: 2023-03-20
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Saltz
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2019-12057

    The court denied a motion to dismiss on the grounds that plaintiff appropriately brought a claim against a government entity pursuant to the immunity exceptions outlined in 42 Pa. C.S. §8522(b) that allow claims against the Commonwealth to proceed where dangerous conditions were present on a portion of the Commonwealth's property.

  • Philadelphia Cricket Club v. Russell

    Publication Date: 2023-02-06
    Practice Area: Civil Appeals
    Industry: Entertainment and Leisure | Real Estate
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Saltz
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2017-09321

    Defendants waived any purported issues on appeal where they failed to raise those issues in response to plaintiff's motion for summary judgment, and they could not resurrect any waived issues for appellate review in an untimely motion for reconsideration. The court recommended affirmance.

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  • Morgan v. The Stotesbury Cmty. Ass'n Inc.

    Publication Date: 2023-01-09
    Practice Area: Fee Disputes
    Industry: Real Estate
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Saltz
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2018-23317

    The court affirmed the trial court's rulings granting only part of plaintiff's request for fees appropriate under 68 Pa.C.S. §5412 requirements. The court further found that the trial court appropriately exercised its discretion to deny defendant attorney fees because defendant failed to demonstrate that they were entitled to fees.

  • Commonwealth v. Gethers

    Publication Date: 2022-12-19
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Rogers
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 7289-2019

    The delay in bringing defendant to trial was not so harsh as to warrant dismissal where the circumstances were largely attributable to the global COVID-19 pandemic, a large backlog resulting from the court's shutdown, the prioritization of cases and defendant's release on bail and subsequent incarceration for first degree murder. The court denied defendant's motion to dismiss.

  • Monroe County Republican Comm. v. Monroe County Bd. of Elections

    Publication Date: 2022-12-19
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 7228 CV 2022

    The court refused to enjoin defendant from notifying mail-in and absentee ballot voters of any obvious defects in their ballots, thereby allowing them to submit a proper ballot since granting injunctive relief one day before the election would cause greater harm than refusing it. The court denied plaintiffs' request.

  • Thompson v. Kim

    Publication Date: 2022-12-19
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Saltz
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2017-03442

    While defendant's proposed remedy for the abatement of water flow from his property to plaintiffs' property was arguably inadequate to abate excess water runoff, it was more closely tailored to the extent of the actionable conduct than plaintiffs' suggestion, which went beyond the modification necessary to address the impact of the conduct at issue. The court recommended affirmance.

  • DeVincenzo-Gambone v. Erie Ins. Exch.

    Publication Date: 2022-11-14
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Rogers
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2017-09856

    Court found for insured plaintiffs against defendant insurance company finding that defendant acted in bad faith when they sought to modify the arbitrator's award following a binding arbitration between the parties. The court noted that defendant failed to inform plaintiffs of their intention to reserve the legal issue of stacking for appeal and acted with reckless disregard as to the arbitrator's award.