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  • Owens v. Huffman

    Publication Date: 2022-09-19
    Practice Area: Government
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 10612 OF 2021, C.A.

    Court granted in part and denied in part defendant city official's motion to dismiss plaintiff homeowner's complaint for negligence arising out of the city's failure to issue citations to neighbors who refused to correct sewage leakage. The court denied the motion in part finding that defendant as a city official owed a duty to investigate sewage leakage and was responsible for doing so under the Clean Streams Law. The court agreed, however, that defendant's failure to issue sewage citations did not amount to malicious conduct and the

  • DON Ins. Agency v. Magliocca

    Publication Date: 2022-09-19
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Insurance | Legal Services
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 10727 of 2021, C.A.

    Counsel was disqualified from representing the defendants and cross-complainants in these consolidated cases since his current representation in this matter was adverse to the relationship he had established with plaintiff, a former client, through whom he had acquired confidential information relevant to this suit. The court granted a motion to disqualify counsel.

  • Williams v. City of New Castle

    Publication Date: 2022-09-12
    Practice Area: Contractual Disputes
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0988

    Court denied preliminary objections to a plaintiff's tort complaint arising out of defendant city's refusal to pay plaintiff as a surviving spouse under her ex-husband's pension plan. The court denied the objections finding that while the current police pension plan provided that the benefits should be paid towards a surviving spouse, the plan that was approved by the city and implemented for more than twenty years allowed plaintiff to be paid pursuant to a Domestic Relations Order which was in effect as a result of a divorce settleme

  • Crawford v. City of New Castle

    Publication Date: 2022-09-12
    Practice Area: Contractual Disputes
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0989

    Court denied preliminary objections to a plaintiff's tort complaint arising out of defendant city's refusal to pay plaintiff as a surviving spouse under her ex-husband's pension plan. The court denied the objections finding that while the current police pension plan provided that the benefits should be paid towards a surviving spouse, the plan that was approved by the city and implemented for more than twenty years allowed plaintiff to be paid pursuant to a Domestic Relations Order which was in effect as a result of the divorce settle

  • Commonwealth v. Price

    Publication Date: 2022-09-05
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0902

    Court granted defendant's motion in limine in part and denied it in part holding that the state failed to adequately prove defendant drove dangerously while under the influence, evaded an officer, and resisted arrest. The court did however hold that the state had enough evidence to prove that defendant ran a stop sign, but the lack of proof regarding defendant's sobriety at the time of the traffic stop and level of aggression during the arrest was not sufficient enough to sustain charges.

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  • Commonwealth v. Gates

    Publication Date: 2022-09-05
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0903

    Court denied the majority of pretrial motions filed by a defendant regarding charges stemming from abusive actions towards his girlfriend, children, and family dog while under the influence of heroin. The court held there was sufficient evidence to deny the majority of habeas petitions filed and further denied motions to suppress, holding that defendant voluntarily confessed to the charges and that that the search of the family home was not unconstitutional due to the girlfriend's consent.

  • Commonwealth v. McMillan

    Publication Date: 2022-08-29
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0933

    The court granted in part and denied in part criminal defendant's motion to suppress evidence. The court denied defendant's motion to suppress an illegally recorded video where defendant was not actually recorded, finding that he did not have standing to make the suppression request. As to defendant's request to suppress evidence seized during a warrant search of his house, the court agreed the affidavit did not have the requisite level of probable cause to justify the search.

  • Owens v. Huffman

    Publication Date: 2022-08-29
    Practice Area: Personal Injury
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0876

    The defendant township was not a joint tortfeasor with its co-defendants in this suit due to its standing as a governmental agency and concomitant immunity; therefore, the co-defendants could not recover on and thus pursue claims of indemnity or contribution from the township. The court sustained the defendant township's preliminary objections.

  • Commonwealth v. Brothers

    Publication Date: 2022-08-22
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0875

    Court granted criminal defendant's motion to suppress evidence obtained during a warrantless search of a vehicle. The court noted that although the officer conducting the search had probable cause to search the vehicle for drug paraphernalia, no exigent circumstances existed because the occupants had exited the vehicle and were not able to destroy any potential evidence at the time of the search. Therefore, because the warrantless search was not predicated on both probable cause and exigent circumstances, the search violated defendant

  • Commonwealth v. Donafrio

    Publication Date: 2022-08-15
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0215

    The court refused to suppress evidence of drug sales activity found by police in plain view in defendant's hotel room where police entered the room at defendant's request during a mere encounter, which did not afford defendant any protection upon which he could base a claim of a warrantless search. The court denied defendant's motion to suppress.