• Selective Way Ins. Co. v. Chen

    Publication Date: 2024-08-09
    Practice Area: Contracts
    Industry: Insurance | Real Estate
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2022 CV 1534

    The court sustained defendant's preliminary objection to plaintiff's amended complaint pursuant to Pa. R. Civ. P. 1028(a)(6) due to an arbitration clause in the lease agreement between defendant and plaintiff's insured. The court said it lacked jurisdiction over other claims due to the binding arbitration agreement.

  • Tang v. Tanis

    Publication Date: 2024-08-09
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 002934-CV-2024

    The court denied defendants' motion for nunc pro tunc relief to file a late appeal of a landlord/tenant order for payment of past due rent.

  • Katz v. Jiunta

    Publication Date: 2024-08-09
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 005169-CV-2023

    Plaintiff sued defendant for a declaratory judgment confirming plaintiff's ownership of real property. The court entered judgment in favor of plaintiff, holding that he owned the property in fee simple and not subject to any adverse claims by defendant, who was merely his tenant.

  • Go Way Transp., Inc. v. Pocono Logistics, Inc.

    Publication Date: 2024-08-09
    Practice Area: Contracts
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 5122 CV 2022

    Plaintiff sued defendant on claims arising from a lease/purchase agreement concerning truck trailers. The court found against plaintiff, which had breached the agreement, and ruled in favor of defendant on its counterclaim, awarding $20,000 in damages.

  • Hoyte v. McAllister

    Publication Date: 2024-08-09
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1019 CV 2022

    Plaintiffs' motion to amend their second amended personal injury complaint was denied where plaintiffs failed to plead facts sufficient to satisfy the state-created danger doctrine exception to § 1983's lack of applicability to tort claims against the state.

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  • Hamilton Twp. v. Gimadeyev

    Publication Date: 2024-08-09
    Practice Area: Land Use and Planning
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 7101-CV-2022

    Defendant property owner appealed the trial court's judgment in favor of plaintiff township in its action for enforcement of a zoning violation notice arising from defendant's use of his property for short-term rentals. The court concluded that where defendant had not appealed an adverse ruling by Township's Zoning Hearing Board as to his prohibited use of the property, the sole question in Township's case was whether defendant's prohibited activity was continuing, and not whether defendant's use of his property fell within another au

  • McFadden v. Genovesi

    Publication Date: 2024-08-02
    Practice Area: Civil Appeals
    Industry:
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Mellon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2015-06593

    Plaintiff appealed from the trial court's order mandating that he execute settlement documents pursuant to a settlement agreement with defendant. The court concluded that the appeal should be dismissed for plaintiff's failure to file a statement of errors complained of on appeal pursuant to Pennsylvania Rule of Appellate Procedure 1925(b).

  • Peterson v. Stacy's Pizza, Inc.

    Publication Date: 2024-08-02
    Practice Area: Personal Injury
    Industry: Distribution and Wholesale | Food and Beverage
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Kennedy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 956

    In this § 1925(a) opinion, the court defended its order granting a compulsory nonsuit to appellees in a personal injury case arising from a claimed injury to appellant, a delivery driver, that he said happened when a metal shutter door suddenly came down on top of his head while he was making a delivery to appellees' location.

  • Clay v. First Nat'l Bank

    Publication Date: 2024-08-02
    Practice Area: Dispute Resolution
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Allegheny County
    Judge: Judge Hertzberg
    Attorneys: For plaintiff:
    for defendant:

    Case Number: GD23-8768

    Defendant bank appealed the court's denial of its preliminary objection seeking contractual arbitration of plaintiff's class action suit challenging defendant's overdraft and insufficient fund fees. The court concluded that its order should be affirmed where plaintiff, as a customer of a bank that was subsequently acquired by defendant, never assented to the addition of an arbitration provision and class action waiver to her deposit account agreement.

  • Ottinger v. Bucks County Tax Claim Bureau

    Publication Date: 2024-08-02
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Trauger
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2022-03779

    In this § 1925(a) opinion, the court justified its ruling denying appellant's petition to set aside a tax sale of his property and granting a judgment of possession to Jessica Poltavskiy and urged the Commonwealth Court to affirm because appellant received adequate notice of the sale after two previous upset tax sales were the subject of notice by both posting and personal service.