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Publication Date: 2023-02-13
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 781 OF 2021
The court denied defendant's supplemental omnibus pretrial motion and motion for suppression on the grounds that there was sufficient probable cause on the affidavit to establish requisite substantial nexus between the alleged crimes and the residence to be searched.
Publication Date: 2023-02-13
Practice Area: Government
Industry: State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 10711 of 2022, C.A.
The court sustained defendants' preliminary objections to the application for declaratory relief on the grounds that plaintiffs first raised their objections to a taking in the form of a request for declaratory relief rather than first raising those issues in preliminary objections to defendant's declaration of taking.
Publication Date: 2023-02-13
Practice Area: Trusts and Estates
Industry: Hospitality and Lodging
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 1609 CIVIL 2021
Defendant wife acted improperly when she sold a parcel of property owned by husband's company without authority to do so under a power of attorney, and was unjustly enriched by that unauthorized sale and retention of the proceeds for her own use. The court granted plaintiffs' motion for summary judgment.
Publication Date: 2023-02-06
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 709 OF 2021
Police were required to obtain a search warrant prior to seizing defendant's cell phone as there was no evidence to suggest he was likely to delete his cell phone's internet browser history and, thus, a lack of exigent circumstances necessitating immediate seizure of the phone. The court granted in part defendant's motion to suppress.
Publication Date: 2023-02-06
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Carlucci
Attorneys: For plaintiff:
for defendant:
Case Number: CV 20-00879
The court granted a motion to exclude expert testimony on the grounds that the proposed testimony was duplicative and cumulative as it mirrored testimony from another expert. The court pointed to their discretion to grant or deny motions to exclude evidence, speaking especially to their ability to exclude evidence that "encumbers the record."
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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: 2023-02-06
Practice Area: Civil Appeals
Industry: Entertainment and Leisure | Real Estate
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Saltz
Attorneys: For plaintiff:
for defendant:
Case Number: 2017-09321
Defendants waived any purported issues on appeal where they failed to raise those issues in response to plaintiff's motion for summary judgment, and they could not resurrect any waived issues for appellate review in an untimely motion for reconsideration. The court recommended affirmance.
Publication Date: 2023-02-06
Practice Area: Contractual Disputes
Industry: Entertainment and Leisure
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 21-00801
The court overruled defendant's preliminary objections in a breach of contract matter arising from defendant's protocols and procedures applied during the COVID-19 pandemic, finding plaintiffs had appropriately pled the existence of a contract, breach, and damages to sustain a demurrer and further pled that they were treated differently than other members of the organization.
Publication Date: 2023-02-06
Practice Area: Premises Liability
Industry: Manufacturing | State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 10132 OF 2020, C.A.
While liability can be imposed upon a landowner and municipality where an object obstructs a roadway and causes injury, there were genuine issues of material facts regarding whether the tree that injured plaintiff was protruding over the roadway from the landowner's property at the time of the subject accident. The court denied defendants' motion for summary judgment.
Publication Date: 2023-02-06
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 10699 OF 2019, C.A.
The court granted defendant Medvid's preliminary objections in part finding that while plaintiff's complaint should not be dismissed for improper service or failure to spell defendant's name properly on the caption, it should be dismissed for plaintiff's failure to adequately plead fraud, unjust enrichment, and negligent misrepresentation.
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