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Publication Date: 2021-12-27
Practice Area: Creditors' and Debtors' Rights
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1395
The court held that it was improper to place a post-judgment levy on a vehicle that was registered and owned by a separate corporation not named in the suit and judgment, even if it had been used by a named debtor.
Publication Date: 2021-12-06
Practice Area: Civil Procedure
Industry: Hospitality and Lodging
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1338
The court held that defendant was barred from opening plaintiff's default judgment against defendant because there was no reasonable explanation for defendant's failure to respond to plaintiff's complaint for past due rent during the five weeks that lapsed after her receipt of plaintiff's ten-day notice. Motion to open judgment denied.
Publication Date: 2021-11-29
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1258
While the language in defendants' deed did not impose any obligation to maintain a planned community's facilities, the language did not relieve them of an obligation to pay their fair share of costs to maintain such facilities where their deed provided them with a non-optional right to enjoy them. The court found in favor of plaintiff.
Publication Date: 2021-11-29
Practice Area: Discovery
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1313
The court ordered that defendant answer plaintiff's interrogatories, that plaintiff's responses to request to admit were sufficient and that plaintiff was entitled to emergency relief and ordered defendant to transfer title to subject vehicle to plaintiff. Motion to compel granted; motion re sufficiency of response denied; motion for emergency relief granted.
Publication Date: 2021-11-22
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1227
Defendants' answer and new matter, which purported to assert plaintiff's own causal misconduct and comparative negligence in this dog-bite case, failed for lack of specificity where they did not allege enough facts to put plaintiff on notice of his purported misconduct and/or negligence. The court denied defendants' preliminary objections.
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Publication Date: 2021-11-08
Practice Area: Contracts
Industry: Construction
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1216
The court held that plaintiff's claim for breach of contract failed because plaintiff did not comply with rules that called for attaching contract and verifying the complaint. However, the claim was factually sufficient. Additionally, the court held that plaintiff could assert an attorneys' fees claim as an equitable remedy for unjust enrichment. Breach of contract claim dismissed.
Publication Date: 2021-11-01
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1127
The facts as alleged by plaintiff did not relieve defendant from a duty of care even though plaintiff requested a transfer to a different hospital. Also, issues of material fact existed regarding informed risk, a CT scan and wife's authorization to sign documents for plaintiff. Motion for judgment on the pleadings denied.
Publication Date: 2021-11-01
Practice Area: Civil Procedure
Industry: Automotive
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1125
Defendant's petition to strike or open a default judgment in this mortgage foreclosure action failed since Pa.R.Civ.P. 237.1 merely required the mailing of a 10-day notice, and plaintiff's counsel certified that such notice was sent to defendant at her last known address and to her attorney of record. The court denied defendant's petition to strike or open.
Publication Date: 2021-11-01
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1124
Plaintiffs were entitled to actual damages based on defendants' failure to disclose known defects in the real property being sold, and those actual damages under the Real Estate Seller Disclosure Law included attorney fees expended to bring this suit under the law. The court entered a judgment for plaintiffs.
Publication Date: 2021-11-01
Practice Area: Contractual Disputes
Industry: Pharmaceuticals
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1128
The court held that defendant was relieved from giving plaintiff any written notice of termination of pertinent contracts because either the contract was not applicable or plaintiff's material breach obviated the requirement of written termination. Complaint dismissed.
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