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Publication Date: 2022-02-28
Practice Area: Civil Procedure
Industry: Technology Media and Telecom
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0122
The court found that plaintiffs did not attach any exhibits to their complaint that contained writings published by New Castle News, that quoted the substance of any publishing by New Castle News, or contended that the court was permitted to take judicial notice of any such writing which was sufficient to strike the complaint with leave to cure. Leave to amend granted.
Publication Date: 2022-02-21
Practice Area: Public Records
Industry: State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0091
The court found all objections by plaintiff to the response by the county and township to plaintiff's request for documents to be meritless.
Publication Date: 2022-02-21
Practice Area: Public Records
Industry: State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0092
The court in this Rule 1925(a) opinion affirmed its decision to order the township to turn over requested documents that were not exempt because of privilege but denied all other requested relief. The court requested affirmance by the Commonwealth Court.
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.
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.
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Authors: Shari L. Klevens, Alanna G. Clair
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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.
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
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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.
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.
Publication Date: 2021-09-13
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0893
Plaintiff's complaint for custody of minor A.A. was granted where 1) the in loco parentis provision of the Custody Act gave plaintiff standing to seek custody due to the amount of care given by plaintiff to minor, 2) the weight of evidence showed plaintiff first rebutted the presumption favoring natural parents and, second, demonstrated that was in A.A.'s best interests to remain in plaintiff's custody, 3) factual averments of complaint plus judicial notice of dependency hearing was sufficient basis to decide on standing without an ev
Publication Date: 2021-06-28
Practice Area: Public Records
Industry: State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0620
Petitioner was not entitled to attorney fees under the Right-to-Know Law where the court was not reversing a final determination of an appeals officer or granting access to a record after access was denied and, inter alia, respondent did not act willfully or with wanton disregard to deprive petitioner of access to any public record or otherwise act in bad faith. The court of common pleas affirmed.
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