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Publication Date: 2024-08-09
Practice Area: Personal Injury
Industry: State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
for defendant:
Case Number: 1019 CV 2022
Plaintiffs' motion to amend their second amended personal injury complaint was denied where plaintiffs failed to plead facts sufficient to satisfy the state-created danger doctrine exception to § 1983's lack of applicability to tort claims against the state.
Publication Date: 2024-08-09
Practice Area: Land Use and Planning
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
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for defendant:
Case Number: 7101-CV-2022
Defendant property owner appealed the trial court's judgment in favor of plaintiff township in its action for enforcement of a zoning violation notice arising from defendant's use of his property for short-term rentals. The court concluded that where defendant had not appealed an adverse ruling by Township's Zoning Hearing Board as to his prohibited use of the property, the sole question in Township's case was whether defendant's prohibited activity was continuing, and not whether defendant's use of his property fell within another au
Publication Date: 2024-05-03
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
for defendant:
Case Number: 3351 CV 2022
The court denied plaintiff's motion to amend the court's order appointing a master to oversee the private sale of a lot owned by the unmarried parties as tenants in common and encumbered by a mortgage after plaintiff filed a complaint for partition of the real estate. Pa. R. Civ. P 1563 provides that property not capable of division shall be offered for private sale confined to the parties.
Publication Date: 2024-03-22
Practice Area: Damages
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
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Case Number: 2827-CV-2020
Prevailing plaintiff appealed the court's order molding her jury verdict to include delay damages. On remand from the Superior Court, the court re-calculated plaintiff's delay damages and entered its award accordingly.
Publication Date: 2024-03-15
Practice Area: Trusts and Estates
Industry: Health Care
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
for defendant:
Case Number: 125 CV 2023
Defendants filed preliminary objections to plaintiff's amended writ of revival in an action for collection of a medical services debt. The court dismissed the preliminary objections in pertinent part where a decedent's estate was properly served via the attorney who represented her estate administrator in her estate proceedings.
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Publication Date: 2024-03-08
Practice Area: Litigation
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
for defendant:
Case Number: 8231-CV-2022
Plaintiff sued defendant for recovery of personal property in defendant's possession. The court issued a writ of seizure in plaintiff's favor where she established her probable right to possession of personal property items left at defendant's residence after she vacated at defendant's request.
Publication Date: 2024-03-08
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
for defendant:
Case Number: 4828 CV 2022
Plaintiff credit card issuer sought judgment against defendant cardholder for the balance due on defendant's account. The court awarded judgment in favor of plaintiff and against defendant where plaintiff proffered credible evidence that defendant ceased making payments on his card balance, leaving an outstanding balance due.
Publication Date: 2024-03-08
Practice Area: Business Torts
Industry: Construction
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
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Case Number: 1881-CV-2021
Defendants sought summary judgment on plaintiffs' complaint alleging improper use of plaintiffs' proprietary information to poach customers. The court held, among other things, that plaintiffs had no claim for breach of confidentiality or conversion where they allowed defendants free access to their customer information system during negotiations about the sale of plaintiffs' business. Motion granted in part and denied in part.
Publication Date: 2024-02-09
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
for defendant:
Case Number: 6170 CV 2020
Plaintiff brought a credit card collections action against defendant. The court entered judgment in favor of plaintiff for the amount of defendant's unpaid credit card balance, plus court costs.
Publication Date: 2024-02-09
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
for defendant:
Case Number: 1262 CV 2022
Plaintiff filed suit for partition of real property jointly owned with defendant pursuant to a business partnership. The court authorized plaintiff to purchase defendant's one-half interest in the property at a price that reflected defendant's equity minus credits in favor of plaintiff for various expenses and costs paid.
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