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Publication Date: 2020-11-23
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1174
Where plaintiff alleged that defendants did not provide her with proper medical treatment when she appeared at hospital at 26-weeks' gestation and that proper treatment could have prevented the child's death, she sufficiently alleged a duty of care owed to her and a breach of that duty and asserted a viable claim for negligent infliction of emotional distress. The court sustained in part defendants' preliminary objections.
Publication Date: 2020-11-16
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1153
The commonwealth presented sufficient evidence to support a prima facie case with respect to all crimes charged, so the court denied defendant's petition for a writ of habeas corpus.
Publication Date: 2020-11-09
Practice Area: Contracts
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1124
The court refused to enforce a forum selection clause in the parties' agreement because the discrepancy between the amount in controversy and the cost of litigating in Arizona, as provided for in the clause, would prevent or seriously impair plaintiff's ability to pursue its breach of contract claim. The court denied defendant's preliminary objections.
Publication Date: 2020-09-28
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0988
Where the evidence established that defendant discharged a rifle near a school van and that two bullets struck the van in close proximity to two students, the specific intent to support a conviction for criminal attempt to commit homicide was demonstrated through circumstantial evidence, including the use of a deadly weapon to a vital part of a victim's body. The court denied in part defendant's petition for relief.
Publication Date: 2020-06-22
Practice Area: Real Estate
Industry: Retail | State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0541
Plaintiff's complaint failed to aver facts sufficient to establish a private easement over a vacated city alleyway where the pleading failed to allege that the subject lot was sold according to a plan of lots and the street in question had not been previously opened or projected as a public street. The court sustained defendant's demurrer.
Law Journal Press | Digital Book
Authors: Joseph S. Britton
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Publication Date: 2020-06-22
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0512
Plaintiff was entitled to the partition of certain property she held with defendant as tenants in common where the parties could no longer continue to own the property jointly, but plaintiff had assumed all payments to maintain the property while defendant stop contributingdespite living therein. The court granted plaintiff's request to partition.
Publication Date: 2020-06-22
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0511
A sanction dismissing plaintiff's complaint with prejudice was appropriate, because plaintiff blatantly refused to provide discovery.
Publication Date: 2020-06-22
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0513
The court refused to sever defendant's criminal trial from that of his codefendant in accordance with Pa.R.Crim.P. 583 where the codefendant's statements to police regarding the underlying double homicide were not so prejudicial to defendant as to warrant such relief. The court granted defendant's pretrial motion to sever.
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.
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