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  • Commonwealth v. Forkey

    Publication Date: 2022-12-12
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 791 OF 2021, C.R.

    The court granted defendant's motion to suppress evidence seized during a warrantless search around defendant's curtilage. Although the Commonwealth argued that the emergency aid exception applied, the court disagreed, and pointed to the fact that the officer did not make attempts to arrange medical care for the defendant and even continued on with investigative questions about the incident rather than rendering emergency aid.

  • Hahn v. Wilmington Twp.

    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.

  • Stevenson v. Sallmen

    Publication Date: 2022-12-05
    Practice Area: Civil Procedure
    Industry: Real Estate
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 10134 OF 2022, C.A.

    While defendants failed to attach to their notice of appeal one of the two magisterial district court judgments they challenged, the disposition and judgment summaries attached contained information regarding both cases, and plaintiffs would not be prejudiced by allowing defendants to pursue their claims. The court overruled plaintiffs' preliminary objections.

  • St. Marguerite Club v. Newspaper Holdings, Inc.

    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.

  • Woloszyn v. Nationwide Prop. & Cas. Ins. Co.

    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.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Commonwealth v. Lucicosky

    Publication Date: 2022-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 189 OF 2022, C.R.

    The court granted in part and denied in part criminal defendant's pretrial motion for a writ of habeas corpus. The court reviewed the extensive evidence demonstrating that the prosecution had sufficient probable cause to hold defendant on a majority of the crimes he was charged with. The court only granted defendant's motion with regard to a trespass count codified in 18 Pa.C.S.A. §3503(b.1)(1)(i), finding that defendant had acted in a way to conceal his presence on the property and did not intend to terrorize the family while stealin

  • Balderach v. Pennsylvania Med. Transport, Inc.

    Publication Date: 2022-11-21
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 30007 OF 2016, C.A.

    While the state's Emergency Medical Services Systems Act provides that emergency medical service providers are immune from suit unless the claimant establishes gross negligence or willful misconduct, plaintiff's evidence, including two medical expert reports, raised issues of material fact regarding whether defendants acted with gross negligence in treating the decedent during a cardiac incident. The court denied defendants' motion for summary judgment.

  • Akins v. Magda

    Publication Date: 2022-11-21
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 30010 OF 2021, C.A.

    Plaintiff's medical malpractice complaint lacked the specificity required by Pa.R.C.P. 1019(a) absent any factual averments to indicate what action/inaction caused plaintiff's alleged harm and her demand for punitive damages lacked any allegations to demonstrate that defendants acted in a manner that was malicious, willful, oppressive or exhibited reckless indifference to the rights of others. The court sustained defendants' preliminary objections.

  • Commonwealth v. Terry

    Publication Date: 2022-11-14
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 369 OF 2021

    The court refused to suppress evidence obtained during defendant's detention since the individual who detained defendant on suspicion of discharging a firearm was acting as a private security guard for the complex where the incident occurred, not as a state actor. The court recommended affirmance.

  • Commonwealth v. Littler

    Publication Date: 2022-11-07
    Practice Area: Criminal Appeals
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 92 OF 2021, S.A.

    Court overturned trial court finding that a street musician had violated the New Wilmington Borough Local Ordinance §100-2 by singing alone on the street corner. The court reviewed the specific language of the statute and concluded that defendant was not assembling a group of people. Therefore, the court found for defendant due to the statute's clear and unambiguous language.