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102 results for '* judge:"Judge Motto"' You can use Search Constraints to get even better search results
Publication Date: 2022-10-24
Practice Area: Contractual Disputes
Industry: Automotive | Construction | Retail
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 10474 OF 2020, C.A.
Court partially sustained preliminary objections arising out of defendant's failure to cover repairs allegedly covered under a vehicle's extended warranty. In sustaining the objections, the court found plaintiff failed to adhere to pleading requirements set forth in Pa.R.C.P. 1020. The court also applied the "gist of the action" doctrine, noting that the claims were rooted in contractual rather than tort disputes. The court did, however, find that plaintiff pled fraud with the requisite specificity and appropriately pled bad faith cla
Publication Date: 2022-09-19
Practice Area: Government
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 10612 OF 2021, C.A.
Court granted in part and denied in part defendant city official's motion to dismiss plaintiff homeowner's complaint for negligence arising out of the city's failure to issue citations to neighbors who refused to correct sewage leakage. The court denied the motion in part finding that defendant as a city official owed a duty to investigate sewage leakage and was responsible for doing so under the Clean Streams Law. The court agreed, however, that defendant's failure to issue sewage citations did not amount to malicious conduct and the
Publication Date: 2022-08-29
Practice Area: Personal Injury
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0876
The defendant township was not a joint tortfeasor with its co-defendants in this suit due to its standing as a governmental agency and concomitant immunity; therefore, the co-defendants could not recover on and thus pursue claims of indemnity or contribution from the township. The court sustained the defendant township's preliminary objections.
Publication Date: 2022-08-08
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0216
While private homes may not be constitutionally entered to conduct a search or effectuate an arrest without a warrant, the police entry of defendant's home was not unlawful as the record demonstrated that he voluntarily gave consent to police to enter his home. The court denied defendant's pre-trial motions.
Publication Date: 2022-05-30
Practice Area: Insurance Litigation
Industry: Insurance
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0497
Insured's claim for negligence against his insurer was barred by the gist of the action doctrine, and the amended complaint did not allege sufficient facts to sustain a breach of fiduciary duty claim against the insurer in connection with the sale of an insurance policy.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2022-04-25
Practice Area: Landlord Tenant Law
Industry: Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0298
The court held counterclaimant's allegation that landlord failed to provide proper means for trash disposal and had shut off electricity was sufficient to plead a cause of action under the Unfair Trade Practices and Consumer Protection Law. However, without an allegation that defendant was injured and because the landlord's conduct was not outrageous in character, counterclaimant's tort claim should be dismissed. Plaintiff's motion to strike denied in part, granted in part.
Publication Date: 2022-04-11
Practice Area: Wrongful Death
Industry: Retail
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0328
The doctrines of res judicata and collateral estoppel did not bar plaintiff from pressing this negligence suit against the defendant store since issues litigated in a workers' compensation proceeding were different than those at issue here, and there was sufficient evidence to raise a question of fact as to whether defendant's action/inaction was a substantial factor in bringing about the harm suffered by decedent, who was shot by her ex-partner when leaving work. The court denied defendant's motion for summary judgment.
Publication Date: 2022-03-28
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0239
Officers conducted illegal search and seizure after reaching into individual's pocket to grab their hand without articulable facts giving rise to reasonable suspicion that individual was engaged in criminal activity or posed a threat. Defendant's omnibus motion granted, case dismissed.
Publication Date: 2022-02-28
Practice Area: Contracts
Industry: Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0121
The court held that it was bound to accept all factual averments in respondent's answer as having been admitted because of the application of Pa.R.C.P. 206.7 and petitioner's failure to conduct discovery. Motion denied.
Publication Date: 2022-01-10
Practice Area: Health Care Law
Industry: Health Care | Transportation
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1429
Plaintiff had no private right of action under the Health Insurance Portability and Accountability Act for defendants' alleged disclosure of her private medical information, and she could not circumvent the mechanics of that act by pursuing claims for negligence per se relating to defendants' alleged violations of HIPAA. The court sustained defendants' preliminary objection in part.
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