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Publication Date: 2020-04-13
Practice Area: Civil Procedure
Industry: Automotive
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0303
The court of common pleas refused to rule on this matter given an automatic stay that went into effective upon a debtor's bankruptcy filing since a judgment in this case, brought against a third party based upon alleged successor liability, would in effect be a judgment against the debtor. The court held defendants' preliminary objection in abeyance.
Publication Date: 2020-03-30
Practice Area: Insurance Law
Industry: Construction | Insurance
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0248
Plaintiff, a judgment holder against defendant's insured, remedied any failings of its first complaint against the insurance carrier by reasonably averring that the insured/judgment debtor was insolvent, thereby placing this case within 40 P.S. §117 for purposes of filing suit against the insurance carrier. The court overruled defendant's preliminary objections.
Publication Date: 2020-03-16
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0184
The trial court reduced the grading of the criminal mischief offense asserted against defendant where the commonwealth failed to demonstrate the amount of damages for the original grading as a felony of the third degree, which required proof of pecuniary loss in excess of $5,000. The court granted defendant's petition for writ of habeas corpus in part.
Publication Date: 2020-03-16
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0182
A police officer's encounter with defendant was a lawful seizure falling under the "public servant" exception to the need for a warrant within the community caretaker doctrine where an experienced officer would reasonably infer from circumstances, i.e. a disabled car in a ditch partially blocking the roadway, that the vehicle and its occupants were in need of immediate assistance. The court denied defendant's motion to suppress evidence.
Publication Date: 2020-02-10
Practice Area: Motor Vehicle Torts
Industry: Insurance
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0088
Plaintiff had elected a limited tort option for her automobile insurance, and the question of whether she was entitled to non-economic damages as the result of a serious injury was a matter for the jury to decide. Motion for partial summary judgment denied.
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Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2020-01-13
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1523
Buyers adequately alleged that sellers made fraudulent disclosures about the condition of real property, but they failed to allege enough specifics in support of their claim for special damages. The court sustained some of the preliminary objections, but allowed buyers leave to file an amended complaint.
Publication Date: 2020-01-06
Practice Area: Civil Procedure
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1474
The lis pendens plaintiff submitted in this case against defendant's real property was patently unfair and unnecessary given that the allegations in plaintiff's complaint were rooted in contract and tort law but did not contain a single count regarding title to the property. The court granted defendant's motion to strike.
Publication Date: 2019-11-04
Practice Area: Motor Vehicle Torts
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1256
Plaintiff's allegations that defendant was using a cell phone and was otherwise distracted from observing the roadway while driving at a high rate of speed, thus causing a collision, were enough to permit plaintiff's recklessness claims to survive preliminary objections. The court overruled in part defendant's preliminary objections.
Publication Date: 2019-10-14
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1187
The court denied defendant's petition for post-conviction relief, because he did not demonstrate ineffective assistance of trial counsel and he failed to establish the reliability of recanted testimony.
Publication Date: 2019-10-07
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1130
Property owners voluntarily severed a joint tenancy with rights of survivorship when they conveyed an unequal interest to another person. The court found that the parties to this proceeding each had a one-half interest in the property as tenants in common, so the court granted plaintiff's request for partition.
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