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Publication Date: 2024-10-04
Practice Area: Expert Witnesses
Industry: Automotive | Construction | Transportation
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 10318 of 2021, C.A.
Defendants sought reconsideration of the court's order precluding their tendered expert testimony regarding the source of defects in a truck engine that plaintiff had rebuilt. The court denied the motion, holding that defendants could not introduce expert opinion testimony regarding defects in the rebuilt truck engine where their expert's report did not attribute the defects to plaintiff's work and stated further that no proper diagnosis of the engine could be made without disassembling the unit, which had not been done.
Publication Date: 2024-10-04
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 159 OF 2024
Defendant filed an omnibus pretrial motion consisting of a motion to suppress evidence derived from a motor vehicle stop and a petition for writ of habeas corpus. The court granted the motion and the petition, holding that a state trooper lacked reasonable suspicion to pull over defendant for driving under the influence where a dash cam recording showed that the tires on defendant's vehicle momentarily touched his traffic lane's center line and fog line on several occasions, but without crossing over the lines.
Publication Date: 2024-09-13
Practice Area: Consumer Protection
Industry: Construction | Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 50319 OF 2023, C.A.
Defendant homeowners filed preliminary objections to a mechanics' lien claim filed by a construction contractor. The court overruled the preliminary objections, holding in pertinent part that plaintiff contractor presented a legally sufficient mechanics' lien claim through a quantum meruit cause of action even where plaintiff's general contractor agreement did not comply with the requirements of the Home Improvement Consumer Protection Act.
Publication Date: 2024-06-14
Practice Area: Real Estate
Industry: Mining and Resources | Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 10159 OF 2020, C.A.
Defendant home sellers sought summary judgment in buyers' action alleging misrepresentations regarding the property. The court granted in part and denied in part defendants' motion, holding that plaintiffs alleged viable claims for fraud and violation of the Unfair Trade Practices and Consumer Protection Law, negligent misrepresentation, and breach of contract where plaintiffs claimed defendants failed to disclose known plans for an industrial limestone mine near the home that plaintiffs purchased. The court held that plaintiffs had n
Publication Date: 2024-05-03
Practice Area: Contractual Disputes
Industry: Construction
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 50319 OF 2023, C.A.
The court denied defendant homeowners' preliminary objections in contractor's suit for nonpayment and mechanics' lien.
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Publication Date: 2024-04-05
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 10945 OF 2014, C.A.
Defendant property owners moved for summary judgment asserting plaintiff was prohibited from receiving title to the property which was sold at a judicial tax sale. Motion granted.
Publication Date: 2024-03-29
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 348 of 2022 CR
Defendant moved to withdraw her guilty plea. Court denied the motion.
Publication Date: 2024-03-29
Practice Area: Administrative Law
Industry: State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 70112 OF 2023, M.D.
Petitioner appealed the suspension/recall of his driving privileges. The court sustained petitioner's appeal and struck the recall of his driver's license.
Publication Date: 2024-03-22
Practice Area: Litigation
Industry: Health Care | Hospitality and Lodging
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 10257 OF 2023, C.A.
Defendant son filed preliminary objections to plaintiff's complaint seeking recovery of the unpaid balance for his deceased mother's skilled nursing care. The court sustained the preliminary objection that plaintiff's complaint lacked requisite specificity where it failed to aver whether its agreement for the mother's care was oral or written and, if written, no copy was provided with plaintiff's complaint. The court overruled defendant's preliminary objection that the complaint lacked specificity by failing to set forth special damag
Publication Date: 2024-01-29
Practice Area: Contracts
Industry: Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 10310 OF 2022, C.A.
The court's opinion justified its overruling defendants' preliminary objections to plaintiff's second amended complaint which claimed that the defendants committed fraud and fraud in the inducement when they had a verbal and email agreement for defendants to sell a property to plaintiff that was uninhabitable and plaintiff then invested effort and money into restoring the property while it was leased to them after which defendant Barkey refused to sell at the originally agreed price resulting in unjust enrichment and a claim for reimb
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