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  • Bardo v. State Farm Mut. Auto. Ins. Co.

    Publication Date: 2020-09-07
    Practice Area: Civil Procedure
    Industry: Insurance
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0866

    Plaintiff could not maintain this declaratory judgment action against the defendant insurer where the possibility that the insurer would raise satisfaction and accord as an affirmative defense to plaintiff's uninitiated tort lawsuit was purely speculative. The court sustained defendant's preliminary objections.

  • Lapp v. Lapp

    Publication Date: 2020-09-07
    Practice Area: Deals and Transactions
    Industry: Real Estate
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0867

    Plaintiff was entitled to a judgment of possession where the evidence established that she entered into a written agreement to purchase certain property from her father and contradicted father's claim of an oral agreement allowing him to remain on the property indefinitely after the sale. The court denied defendant's counterclaim and entered judgment for plaintiff.

  • McAleer v. W. Branch Reg'l Auth.

    Publication Date: 2020-06-29
    Practice Area: Employment Litigation
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0536

    The court dismissed plaintiff's complaint against her former employer for unlawful age discrimination because she did not timely file her claim with a state agency, so she failed to exhaust her administrative remedies.

  • Keystone Advertising Specialties, LLC v. Antera Software USA, Inc.

    Publication Date: 2020-06-29
    Practice Area: Civil Procedure
    Industry: Advertising | Software
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0543

    Plaintiff could not avoid a contract's forum selection clause where both parties to the contract were business entities with extensive contracting experience and there was no suggestion of unequal bargaining power or other support for finding a contract of adhesion. The court sustained defendant's preliminary objection and dismissed the complaint without prejudice.

  • Fausnaught v. UPMC Susquehanna

    Publication Date: 2020-05-18
    Practice Area: Privacy
    Industry: Health Care
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0401

    Plaintiff could not sustain a negligence claim against her employer based on its alleged failure to protect her confidential medical information where her complaint failed to establish a relevant duty except by citation to the Health Insurance Portability and Accountability Act, which does not provide for a private cause of action. The court sustained in part defendants' preliminary objections.

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    Texas Personal Automobile Insurance Policy 2020

    Authors: Janet K. Colaneri

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  • VAO v. CB

    Publication Date: 2020-04-06
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0217

    A party was not entitled to amend orders entered by a consent agreement under the Protection from Abuse Act, because he failed to allege fraud or mutual mistake.

  • Bozochovic v. Gair

    Publication Date: 2020-03-23
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0210

    The trial court assessed the parties' credibility on father's petition for special relief and found that father's inability to maintain contact with his children was a result of his own failure to comply with prior court orders and awarded mother attorney fees as father's filing of the petition was frivolous and without merit. The trial court recommenced affirmance.

  • Buckley v. Geisinger Clinic

    Publication Date: 2020-03-16
    Practice Area: Contracts
    Industry: Health Care
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0208

    The court dismissed plaintiff's claim for breach of an employment contract, because she never satisfied the conditions associated with defendant's offer. The parties' employment arrangement was at-will, and defendant was entitled to terminate plaintiff's employment.

  • Smith v. Barto

    Publication Date: 2020-03-16
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0216

    Plaintiff was not entitled to a prescriptive easement because he did not demonstrate that his use was sufficiently notorious. Because plaintiff's land had access to a public road, he was not entitled to an easement by necessity to access an isolated portion of it.

  • Koch v. Musser

    Publication Date: 2019-11-11
    Practice Area: Evidence | Personal Injury
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1275

    Plaintiff's chronic marijuana use was relevant and admissible to the issues of his future earning capacity and his future life expectancy, though evidence of plaintiff's chronic marijuana use as a factor relevant to his future life expectancy required expert testimony. The court granted in part and denied in part plaintiff's motion in limine.