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  • Engel v. Ellwood City Area Sch. Dist.

    Publication Date: 2022-01-24
    Practice Area: Employment Litigation
    Industry: Education
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1533

    The court, in this opinion under Rule 1925(a), did not change its holding from its original determination which affirmed the school board's decision to furlough appellant, an assistant principal, due to declining school enrollment and appellant's relatively low seniority. Affirmed.

  • Commonwealth v. McMillan

    Publication Date: 2022-01-24
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1531

    The court held that the traffic stop was valid based upon the observation by police officer that defendant made a turn without signaling, but that the police officer had no probable cause for the ensuing custodial detention or strip search. Motion to suppress evidence obtained as a result of the strip search granted.

  • Colo Prop. Mgmt. v. Faraone

    Publication Date: 2022-01-10
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1482

    Since plaintiff purchased property from defendants' former landlord and explicitly recognized the existence of that landlord-tenant relationship, plaintiff was subject to the same duties as the previous landlord and was required to provide defendants with a notice to quit and attach a copy of that notice to its complaint. The court sustained defendant's preliminary objections.

  • Commonwealth v. Defoor

    Publication Date: 2022-01-10
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1483

    The court held that the state trooper had probable cause to stop defendant because the trooper was unable to see the temporary registration that was affixed to his window. Further, the law did not require defendant to have Miranda warnings during an investigatory detention during a traffic stop. Finally, without observations or other evidence of defendant's inability to drive safely, the Commonwealth could not charge defendant with DUI-Impaired Ability to Operate a Vehicle. Defendant's motions to suppress denied; defendant's habeas co

  • Houk v. Brown

    Publication Date: 2022-01-10
    Practice Area: Wrongful Death
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1484

    The court denied in part and granted in part defendant's preliminary objections to plaintiff's complaint which asserted claims for wrongful death.

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  • Margel v. Noga Ambulance Serv., Inc.

    Publication Date: 2022-01-10
    Practice Area: Health Care Law
    Industry: Health Care | Transportation
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1429

    Plaintiff had no private right of action under the Health Insurance Portability and Accountability Act for defendants' alleged disclosure of her private medical information, and she could not circumvent the mechanics of that act by pursuing claims for negligence per se relating to defendants' alleged violations of HIPAA. The court sustained defendants' preliminary objection in part.

  • Nigon v. Jewell

    Publication Date: 2021-12-13
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1343

    The court held: 1) because issues of fact existed regarding plaintiff's contributory negligence, her motion for a ruling on comparative negligence was denied; 2) claims against three defendants for punitive damages and negligent infliction of emotional distress were dismissed for lack of proof; and 3) decedent's general physician and the partner of the general physician were dismissed for lack of causal connection to the event allegedly responsible for death of plaintiff's decedent.

  • Washington v. City Council of City of New Castle

    Publication Date: 2021-12-06
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1342

    The City of New Castle properly denied appellants' request for a conditional use permit for a home occupation/take out kitchen to be located in an R-1 residential low-density zoning district as appellants failed to demonstrate that the proposed conditional use satisfied the criteria in the city's zoning ordinance for a home occupation. The court of common pleas denied appellants' appeal.

  • Engle v. Ellwood City Area Sch. Dist.

    Publication Date: 2021-11-29
    Practice Area: Employment Litigation
    Industry: Education
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1314

    The court held that school board's termination of plaintiff's position as an assistant principal was supported by substantial evidence of a decline in enrollment of almost 8% over four years such that furlough was warranted and the board's decision should not be disturbed on appeal. Notice of appeal dismissed.

  • Commonwealth v. Klamer

    Publication Date: 2021-11-08
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1131

    The court, finding that the subject incident was a routine traffic stop and not a custodial interrogation, held that Miranda warnings were not required. Regarding probable cause, the court held that probable cause existed for the subsequent arrest based on the totality of the circumstances including the odor of marijuana in the car. Also, the court held that the Commonwealth presented a prima facie case of DUI. Motions to suppress arrest and for habeas corpus denied.