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Publication Date: 2023-02-27
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10870 of 2021, C.A.
Plaintiffs offered sufficient evidence to establish the recognition and acquiescence to a consentable boundary in the form of an asphalt driveway, including the requisite time period, as well as evidence that the intent of the easement grant was to allow plaintiffs access over land belonging to defendants and their predecessors. The trial court recommended affirmance.
Publication Date: 2023-02-13
Practice Area: Civil Procedure
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10889 of 2021, C.A.
The court lacked jurisdiction over this matter brought by plaintiffs, trust beneficiaries, given that under 20 Pa.C.S. §711(12), the jurisdiction of the court of common pleas over testamentary trusts shall be exercised by its orphan's court division, which court already issued an order declaring exclusive jurisdiction over related matters. The court sustained defendants' preliminary objections.
Publication Date: 2023-02-13
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 341 OF 2021, CR
Defendant was not entitled to habeas corpus relief as the commonwealth offered sufficient evidence to make out a prima facie case of the firearms offenses charged, and defendant's affirmative defense of justification was to be addressed at trial. The court denied defendant's pre-trial habeas corpus petition.
Publication Date: 2023-02-06
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 12035 of 2009, C.A.
While mother had been the primary caregiver of the parties' two sons, the factors set forth in §5328(a) of the Pennsylvania Custody Act, including the children's preferences and father's inclination to foster an amiable relationship with mother, persuaded the court that father should have primary physical custody. The court recommended affirmance.
Publication Date: 2023-01-30
Practice Area: Personal Injury
Industry: Retail
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10170 of 2019, C.A.
The court denied defendant company's motion for summary judgment in a slip and fall case on the basis that plaintiff had pled sufficient evidence for a jury to conclude a causal connection between the alleged dangerous condition and her injury.
Law Journal Press | Digital Book
Authors: Joseph S. Britton
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Publication Date: 2022-12-05
Practice Area: Public Records
Industry: State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 11008 OF 2021, C.A.
Respondent, a commonwealth township, failed to properly respond to an Office of Open Records final determination directing the production of invoices for solicitor services where it produced redacted copies of such invoices without substantiating any alleged privilege. The court granted a petition to enforce.
Publication Date: 2022-11-28
Practice Area: Communications and Media
Industry: Food and Beverage | Technology Media and Telecom
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10027 of 2021, C.A.
Plaintiffs' complaint sufficiently established the defamatory nature of statements in defendants' newspaper and their application to plaintiffs, while those statements were not entitled to "fair comment" privilege because they read as reported fact and purported to delineate recent events. The court overruled in part defendants' preliminary objections.
Publication Date: 2022-11-21
Practice Area: Insurance Law
Industry: Insurance
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10246 of 2022, C.A.
Court denied defendant insurance company's motion to dismiss plaintiff's bad faith insurance claim. Defendant argued that they were not obligated to provide coverage because plaintiff's previous policy contained a provision reducing coverage which had transferred to her new policy. The court disagreed, holding that 75 Pa.C.S.A. §1731 requires that insurance companies receive a signed resignation of underinsured/uninsured motor vehicle coverage and defendant's argument that the old coverage limits transferred must fail.
Publication Date: 2022-11-07
Practice Area: Land Use and Planning
Industry: State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10470 of 2021, C.A.
Plaintiffs' Declaratory Judgment Act complaint, which asserted that defendants were interfering with their use of an alley by calling police and seeking measures from the local township, alleged facts sufficient to indicate imminent and inevitable litigation as well as a direct, substantial and present interest. The court overruled in part defendants' preliminary objections.
Publication Date: 2022-11-07
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10473 OF 2020, C.A.
Court granted injunctive relief on the grounds that plaintiffs had properly established that the deed in question intended plaintiffs to have access to a 50-foot strip of land. Outside of the deed, the court further granted injunctive relief on the grounds that plaintiffs had established the need for an easement by necessity.
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