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  • SMG Landscape & Constr. v. Facility Source, LLC

    Publication Date: 2020-11-09
    Practice Area: Contracts
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1124

    The court refused to enforce a forum selection clause in the parties' agreement because the discrepancy between the amount in controversy and the cost of litigating in Arizona, as provided for in the clause, would prevent or seriously impair plaintiff's ability to pursue its breach of contract claim. The court denied defendant's preliminary objections.

  • Denelle v. Denelle

    Publication Date: 2020-11-09
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1126

    The evidence indicated defendant did not sign an acknowledgement of paternity and was not the biological parent of the minor child in question, so the court eliminated defendant's child support obligation.

  • DON Recovery Serv., LLC v. City of New Castle

    Publication Date: 2020-10-26
    Practice Area: Land Use and Planning
    Industry: Non-Profit | State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1090

    The New Castle City Council erred in denying petitioner a conditional use to operate a drug and alcohol counseling center where petitioner presented ample, unrebutted evidence to demonstrate its prospective compliance with general and specific criteria governing such conditional use, including traffic control and safety measures. The court of common pleas reversed.

  • Budai v. Country Fair, Inc.

    Publication Date: 2020-09-28
    Practice Area: Consumer Protection
    Industry: Retail
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0989

    The allegations in plaintiffs' putative class action complaint, which alleged that the defendant proprietor willfully violated the requirements of the Fair and Accurate Credit Transaction Act, satisfied all three factors necessary to attain standing under Pennsylvania's traditional standing. The court denied defendant's motion for reconsideration.

  • Blank v. Combs

    Publication Date: 2020-09-28
    Practice Area: Personal Injury
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0930

    Plaintiffs adequately stated claims for negligence and loss of consortium where they alleged that defendants knew about a third party's mental health issues and failed to take any action even after discovering that the person was distressed and had left their residence with a firearm.

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  • Commonwealth v. Benatas

    Publication Date: 2020-09-28
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0988

    Where the evidence established that defendant discharged a rifle near a school van and that two bullets struck the van in close proximity to two students, the specific intent to support a conviction for criminal attempt to commit homicide was demonstrated through circumstantial evidence, including the use of a deadly weapon to a vital part of a victim's body. The court denied in part defendant's petition for relief.

  • Chito v. Pulaski Twp. Zoning Hearing Bd.

    Publication Date: 2020-08-10
    Practice Area: Land Use and Planning
    Industry: Energy
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cunningham
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0747

    Ordinances involving oil and gas drilling were constitutional. The decision of a zoning hearing board regarding the approval of an application for the placement of a well was supported by substantial evidence.

  • Commonwealth v. Johnson

    Publication Date: 2020-08-10
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0748

    A police officer failed to properly administer field sobriety tests, but other factors provided probable cause in connection with defendant's arrest for driving under the influence. The court denied defendant's motion to suppress and petition for habeas corpus.

  • Wilson v. Matas

    Publication Date: 2020-08-03
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0692

    The court sustained preliminary objections regarding claims for punitive damages and most of the statutory violations referenced in plaintiff's negligence per se claim.

  • In re: Estate of Stoughton

    Publication Date: 2020-08-03
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0720

    The respondent executrix did not meet her burden of proving fair and reasonable attorney fees incurred on behalf of the estate where she produced redacted legal invoices that prevented the court from determining what, if any, relevant services were rendered to benefit the estate. The court of common pleas issued an order surcharging respondent for attorney fees.