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Publication Date: 2022-10-17
Practice Area: Administrative Law
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
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for defendant:
Case Number: 824 CIVIL 2022
The court affirmed the decision of the Pennsylvania Department of Transportation suspending petitioner automotive service company's license due to fraudulent record keeping. The court noted that the department presented sufficient requisite level of proof at the hearing to affirm the decision.
Publication Date: 2022-10-17
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 1183 CIVIL 2022
The court overruled plaintiff's objections to defendant's preliminary objections in a matter arising out of allegedly defamatory statements between strangers in line at a store. The court noted that plaintiff failed to plead all of the required elements of a defamation claim, finding specifically that no one at the store knew his name and therefore did not know whom the defamatory statements were referring to. The court further found that plaintiff failed to plead special damages pursuant to Pa. R.C.P. 1019(f).
Publication Date: 2022-10-03
Practice Area: Wrongful Death
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
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Case Number: 5117 CIVIL 2020
Court granted motion to dismiss filed by property association defendants in a wrongful death claim where plaintiffs alleged defendants negligently failed to ensure a bus stop outside of their gated community was safe. The court granted the motion on the grounds that defendants had no control over where the bus stops were installed and owed no duty to plaintiff on these grounds.
Publication Date: 2022-10-03
Practice Area: Wrongful Death
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 5117 CIVIL 2020
Court granted motion to dismiss filed by property association defendants in a wrongful death claim where plaintiffs alleged defendants negligently failed to ensure a bus stop outside of their gated community was safe. The court granted the motion on the grounds that defendants had no control over where the bus stops were installed and owed no duty to plaintiff on these grounds.
Publication Date: 2022-10-03
Practice Area: Wrongful Death
Industry: State and Local Government | Transportation
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 5117 CIVIL 2020
Court granted motion to dismiss filed by property association defendants in a wrongful death claim where plaintiffs alleged defendants negligently located and designed a dangerous bus stop. The court granted the motion on the grounds that plaintiffs' claims were barred under the doctrine of sovereign immunity due to precedent holding immunity was only waived in instances where defendant government agency constructed a negligent condition.
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Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner
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Publication Date: 2022-09-26
Practice Area: Contracts
Industry: Construction | Insurance
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 1994 CIVIL 2022
While Pennsylvania does not recognize direct causes of actions against insurance carriers by third-parties, the court refused to dismiss plaintiff's complaint where the crux of his claim was not based on the subject insurance policy but on the insurer's breach of an agreement to pay a sum certain in exchange for plaintiff's decision to forego litigation. The court denied in part defendant's preliminary objections.
Publication Date: 2022-09-26
Practice Area: Personal Injury
Industry: Cargo and Shipping | Distribution and Wholesale
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
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for defendant:
Case Number: 1093 CIVIL 2022
Defendants could not be held liable for injuries plaintiff allegedly suffered in a slip and fall accident during an ongoing weather event as icy rain conditions were occurring generally throughout the area and not all of the icy conditions could reasonably be addressed. The court granted defendants' motion for summary judgment.
Publication Date: 2022-09-26
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
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Case Number: 001961-CV-2019
Court granted motion to dismiss matter arising out of a family dispute regarding a life tenancy on a decedent's property. The court granted the motion to dismiss on the grounds that the administrator of the estate failed to file the complaint within the applicable statute of limitations. The court further granted the motion on the grounds that the administrator simply speculated that decedent suffered damages but otherwise failed to produce any appraisals, facts, or figures which supported the claim.
Publication Date: 2022-09-12
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0895
Plaintiffs were not required to produce the testimony of their former neighbors to prove a binding consentable line by recognition and acquiescence as the evidence of record clearly established that the former neighbors acquiesced to three spruce trees as the boundary line between the two properties. The court granted plaintiffs relief in this action to quiet title.
Publication Date: 2022-08-22
Practice Area: Employment Litigation
Industry: Automotive | Retail | State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0844
Court denied employer defendant's preliminary objections to plaintiff employees' employment law action arising out of a wrongful termination claim. Plaintiffs argued they were wrongfully terminated from their positions for failure to return to work while their county was still in the "Red Phase" of Governor Wolf's executive order closing in-person businesses during the COVID-19 pandemic. Although defendant argued plaintiffs were not entitled to rely on the executive order for the basis of their wrongful termination claim, the court di
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