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Publication Date: 2023-01-16
Practice Area: Contracts
Industry: Food and Beverage
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: CV-22-00570
While the parties' contract gave defendant unilateral discretion to cancel a distributorship contract if it reached the opinion that a distributor was involved in criminal activity, employer was required to have some good faith basis to reach that conclusion, necessitating discovery in this matter. The court overruled defendant's preliminary objection.
Publication Date: 2023-01-02
Practice Area: Discovery
Industry: State and Local Government
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: CV-22-00574
While the rules of civil procedure, including those governing discovery, do not apply to Right-to-Know Law appeals such as this, the court had authority to order certain discovery in order to promote the fair and efficient adjudication of the matter regarding the discoverability of public records. The court granted petitioner's motion to compel in part.
Publication Date: 2022-11-21
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 21-01104
The court partially granted a motion to dismiss, finding that plaintiff could not bring an action to quiet title as plaintiff failed to establish that they were in "possession" of the disputed property at the time the complaint was filed. The court rather found that defendants were in possession of the property due to the fact that they routinely maintained the property, had placed a no trespassing sign on the property, and their land survey revealed that their property slightly encroached onto the disputed parcel.
Publication Date: 2022-10-10
Practice Area: Civil Procedure
Industry: E-Commerce | Technology Media and Telecom | Transportation
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 21-00041
The court rejected petitioner's claim that corporate records stored electronically and accessible in Pennsylvania were subject to discovery under 15 Pa. C.S. §1508 since the documents' theoretic accessibility within the state was insufficient to put those documents within the court's jurisdiction and render them "located within Pennsylvania." The court denied petitioner's petition to compel.
Publication Date: 2022-10-10
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: FC-20-20473
While the parties permanently ceased sharing a bedroom after a troubling incident in August 2014, the court could not rely on that incident to establish a date of separation because most of the rights and duties typically attendant to a marital relationship had been absent from the parties' marriage for many years prior. The court granted in part wife's exceptions.
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Publication Date: 2022-08-15
Practice Area: Real Estate
Industry: Mining and Resources | Real Estate
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0810
Court granted International Development Corporation's request for summary judgment and denied plaintiff corporation's request for summary judgment in case regarding the granting of subsurface rights in a deed tracing back to the 1800's. While plaintiff asserted the deed conveying the property to them merely referenced prior deeds reserving subsurface rights, the court agreed with IDC that the prior deeds were not merely copied but were in fact, incorporated into the deed for the purposes of reserving rights. Otherwise, the court reaso
Publication Date: 2022-08-15
Practice Area: Contractual Disputes
Industry: Entertainment and Leisure
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0811
Court granted in part and denied in part defendant's motion for summary judgment in breach of contract claim. Although defendant argued plaintiff's breach of contract claim must fail because plaintiff failed to attach a copy of the alleged breached agreement to their complaint, the court found plaintiff had referenced the alleged agreement with enough specificity to place defendant on notice. The court agreed with defendant, however, that without the entire agreement attached, the court could not glean the nature of the alleged "breac
Publication Date: 2022-08-08
Practice Area: Civil Procedure
Industry: State and Local Government
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0753
Addressing an issue of first impression, the court of common pleas concluded that plaintiff's motion for summary judgment, which was filed between the two portions of a bifurcated trial, was not per se improper. The court granted in part and denied in part plaintiff's motion.
Publication Date: 2022-08-08
Practice Area: Litigation
Industry: Health Care | Legal Services
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0839
Defendants could ask potential jurors whether they were aware of plaintiff's law firm and cross-examine plaintiff's experts regarding previous testimony involving the nursing home field; however, the law firm's actions in previous cases were irrelevant to the merits of this case and were, therefore, precluded. The court of common pleas granted in part and denied in part plaintiff's motion in limine.
Publication Date: 2022-07-25
Practice Area: Public Records
Industry: Non-Profit | State and Local Government
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0755
Respondent, a township volunteer fire company, was subject to the Right-to-Know Law where the evidence regarding the degree of governmental control, the nature of respondent's functions and financial control supported a finding that it was a "local agency" for the purposes of that law. The court ordered a response to petitioner's request.
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