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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.
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.
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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.
Publication Date: 2021-09-27
Practice Area: Personal Injury
Industry: State and Local Government
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0954
Plaintiff could not rely on the "pothole and other dangerous roadway conditions" exception to defeat sovereign immunity in this case where he failed to show that the commonwealth received actual written notice of potholes on the subject roadway prior to his motorcycle accident. The court of common granted defendant's motion for summary judgment.
Publication Date: 2021-08-30
Practice Area: Civil Procedure
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0865
Plaintiff's default judgment in foreclosure was defective where the 10-day notice to defendant was not attached to the praecipe to enter judgment as required by Pa.R.Civ.P. 2371(a)(3). The court granted defendant's petition to open and/or strike default judgment.
Publication Date: 2021-08-30
Practice Area: Civil Procedure
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0861
While the pro se plaintiff failed to comply with the rules of civil procedure, the court allowed the matter to proceed to arbitration, given proper notice to defendants, where defendants appeared to have knowledge of the claim and filed a statement that could adequately serve as an "answer." The court issued an order directing the matter to arbitration.
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