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  • Watkins v. State Farm Fire & Cas. Co.

    Publication Date: 2022-05-30
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0497

    Insured's claim for negligence against his insurer was barred by the gist of the action doctrine, and the amended complaint did not allege sufficient facts to sustain a breach of fiduciary duty claim against the insurer in connection with the sale of an insurance policy.

  • Commonwealth v. Criss

    Publication Date: 2022-05-30
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0501

    The commonwealth failed to establish a prima facie case of driving under the influence against defendant, the owner and operator of an all-terrain vehicle, where the record lacked proof that he operated his ATV on a roadway for any purpose other than merely to cross it as an obstacle. The court granted in part defendant's petition for habeas corpus.

  • Firedex of Butler, Inc. v. Watkins

    Publication Date: 2022-05-30
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0498

    In this mechanic's lien matter, the court sustained preliminary objections striking defendant's counterclaim and certain affirmative defenses, but it allowed defendant to amend his responsive pleading.

  • Firedex of Butler, Inc. v. Watkins

    Publication Date: 2022-05-30
    Practice Area: Contractual Disputes
    Industry: Construction
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0499

    In this construction contract matter, the court ordered defendant's counterclaims for breach of warranty and punitive damages stricken. However, the court sustained other preliminary objections and granted defendant leave to amend to provide greater specificity.

  • Hudak v. Hudak

    Publication Date: 2022-05-23
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Acker
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0471

    The court granted plaintiff's motion to list the parties' marital residence for sale where defendant failed to make the necessary mortgage payments, thereby placing a major marital asset at risk, while also failing to explain his conduct and squandering an opportunity to bring the mortgage current. The court of common pleas recommended affirmance.

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  • Noga v. Wal-Mart Stores E., L.P.

    Publication Date: 2022-05-09
    Practice Area: Personal Injury
    Industry: Retail
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0413

    Defendant was not entitled to summary relief in this premises liability suit as there was sufficient evidence of record, including a store manager's deposition testimony regarding an alleged crack in the sidewalk where plaintiff fell, for a jury to conclude that a crack in the pavement was the cause of plaintiff's fall. The court denied defendant's motion for summary judgment.

  • Velocity Magnetics, Inc. v. Marzano

    Publication Date: 2022-05-02
    Practice Area: Contracts
    Industry: Manufacturing
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0375

    The court lacked authority to modify a consent order entered into by agreement of the parties where defendant knowingly and voluntarily entered into that consent order, and that order's validity did not hinge upon the status of the parties' separate and underlying agreement. The court denied defendant's petition to modify a consent order.

  • Nigon v. Jewell

    Publication Date: 2022-05-02
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0377

    Defendants were entitled to summary relief in this medical malpractice suit brought by the decedent's administratrix because there was no factual support for her expert's opinion that there was a causal connection between the defendant doctor's alleged negligence and the decedent's post-surgical death. The court denied plaintiff's motion for reconsideration.

  • Burgauer v. Mike Perrotta Contractor, LLC

    Publication Date: 2022-05-02
    Practice Area: Corporate Entities
    Industry: Construction
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0376

    The court refused to pierce the corporate veil of the defendant limited liability company in order to hold the individual defendant's wife liable for alleged breach of contract given the parameters of §8834 of Pennsylvania's Limited Liability Statute as well as the strong presumption against piercing the corporate veil. The court denied plaintiff's motion for leave to join a party.

  • Commonwealth v. Deeter

    Publication Date: 2022-04-25
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0297

    While the registration requirements that defendant was subjected to in accordance with the Sexual Offender Registration and Notification Act caused him certain difficulties, those difficulties did not outweigh the interests in protecting the public from sexually violent offenders by providing them with the necessary information to adequately protect themselves. The court denied defendant's motions to enforce plea agreement and bar sexual offender registration.