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Publication Date: 2022-10-31
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 70066 of 2022, MD
Plaintiff failed to establish the first factor required for the maintenance of a lis pendens upon real property, that title to the property was at issue in this litigation; therefore, the court was not required to address the second relevant factor, a balancing of the equities involved. The court denied plaintiff's motion for lis pendens.
Publication Date: 2022-10-24
Practice Area: Land Use and Planning
Industry: Mining and Resources | State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 70122 of 2021, MD
The court overturned the decision of a borough to deny a permit request for conditional non-coal surface mining finding the zoning board failed to meet their burden of proof to demonstrate that the permit sought was not consistent with the promotion of the public's health, safety, and public welfare.
Publication Date: 2022-10-17
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 77 of 2012, O.C.
The court granted a motion for reconsideration in part and denied it in part finding that the court had properly considered all relevant facts when appointing an attorney as a co-guardian of an incapacitated person's estate and person. The court noted that because petitioner raised no new facts, a motion for reconsideration was not the proper vehicle to simply present an argument for the second time.
Publication Date: 2022-10-03
Practice Area: Discovery
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10619 OF 2021
Plaintiff failed to produce probable cause that his discovery requests would advance his ability to bring any claims against defendants upon which relief could be granted as he lacked standing to bring claims on behalf of a trust and defendants were immune from his proposed claims under the Political Subdivision Tort Claims Act. The court granted defendants' motion to dismiss.
Publication Date: 2022-09-19
Practice Area: Legal Ethics and Attorney Discipline
Industry: Insurance | Legal Services
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10727 of 2021, C.A.
Counsel was disqualified from representing the defendants and cross-complainants in these consolidated cases since his current representation in this matter was adverse to the relationship he had established with plaintiff, a former client, through whom he had acquired confidential information relevant to this suit. The court granted a motion to disqualify counsel.
Law Journal Press | Digital Book
Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2022-09-12
Practice Area: Contractual Disputes
Industry: State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0988
Court denied preliminary objections to a plaintiff's tort complaint arising out of defendant city's refusal to pay plaintiff as a surviving spouse under her ex-husband's pension plan. The court denied the objections finding that while the current police pension plan provided that the benefits should be paid towards a surviving spouse, the plan that was approved by the city and implemented for more than twenty years allowed plaintiff to be paid pursuant to a Domestic Relations Order which was in effect as a result of a divorce settleme
Publication Date: 2022-09-12
Practice Area: Contractual Disputes
Industry: State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0989
Court denied preliminary objections to a plaintiff's tort complaint arising out of defendant city's refusal to pay plaintiff as a surviving spouse under her ex-husband's pension plan. The court denied the objections finding that while the current police pension plan provided that the benefits should be paid towards a surviving spouse, the plan that was approved by the city and implemented for more than twenty years allowed plaintiff to be paid pursuant to a Domestic Relations Order which was in effect as a result of the divorce settle
Publication Date: 2022-09-05
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0902
Court granted defendant's motion in limine in part and denied it in part holding that the state failed to adequately prove defendant drove dangerously while under the influence, evaded an officer, and resisted arrest. The court did however hold that the state had enough evidence to prove that defendant ran a stop sign, but the lack of proof regarding defendant's sobriety at the time of the traffic stop and level of aggression during the arrest was not sufficient enough to sustain charges.
Publication Date: 2022-08-22
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0875
Court granted criminal defendant's motion to suppress evidence obtained during a warrantless search of a vehicle. The court noted that although the officer conducting the search had probable cause to search the vehicle for drug paraphernalia, no exigent circumstances existed because the occupants had exited the vehicle and were not able to destroy any potential evidence at the time of the search. Therefore, because the warrantless search was not predicated on both probable cause and exigent circumstances, the search violated defendant
Publication Date: 2022-08-15
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0215
The court refused to suppress evidence of drug sales activity found by police in plain view in defendant's hotel room where police entered the room at defendant's request during a mere encounter, which did not afford defendant any protection upon which he could base a claim of a warrantless search. The court denied defendant's motion to suppress.
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