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judge:"Steven Andrews"
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Court ordered arbitration of plaintiff's claims of fraud and misappropriation of trade secrets, proprietary data and confidential information based on the arbitration clause in the parties' master services agreement because plaintiff did not overcome the presumption of arbitrability. Motion granted.
Publication Date: 2018-07-17 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Stevens Attorneys:For plaintiff: for defendant: Case Number: 18-0822
The trial court did not err in denying defendant's pre-sentence motion to withdraw his guilty pleas where the record belied defendant's claim that he was coerced into entering the pleas by his former counsel and demonstrated that his claim of innocence was not plausible. The appellate court affirmed defendant's judgment of sentence.
The trial court set aside the sheriff's sale of certain property based on a tax delinquency where the sale price constituted only two percent of the only appraised value of the property offered into evidence. The court recommended affirmance of its order setting aside the sheriff's sale.
Commonwealth court properly held that claimant, injured while remodeling a restaurant that had not yet opened for business, was not covered by the CWMA because the CWMA referred to individuals who worked for a business entity that performed construction services and was inapplicable when the putative employer was not in the business of construction. Affirmed.
The court dismissed a joinder complaint where defendants and the party joined were not joint tortfeasors, so defendants' contribution and indemnity claims were insufficient as a matter of law.
Defendant was deprived of a fair and impartial trial in this criminal matter where the trial judge lectured the jury extensively regarding the court's own opinion regarding the credibility of the witness upon whose testimony the commonwealth's case against defendant depended. The appellate court vacated defendant's judgment of sentence and remanded.
Homeowners established they were entitled to a prescriptive easement over defendant's property, but they failed to demonstrate the existence of an irrevocable license.
Defendant's motion for summary judgment was granted with respect to plaintiff's negligence claim for trip and fall over a curb because the curb presented an open and obvious condition. Motion granted.
Publication Date: 2018-07-10 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Stabile Attorneys:For plaintiff: for defendant: Case Number: 18-0810
Trial court properly dismissed husband's complaint seeking to recuse the entire Butler County bench and asserting RICO, abuse of process and wrongful use of civil proceedings against wife and her attorneys. Affirmed.
Publication Date: 2018-07-10 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Nichols Attorneys:For plaintiff: for defendant: Case Number: 18-0804
At a civil contempt proceeding for failure to pay court-ordered fines and costs, indigent defendants have a right to appointed counsel upon a determination of a likelihood of imprisonment and, therefore, defendant was entitled to relief on appeal from his civil contempt conviction. The appellate court vacated the trial court's order and defendant's payment plan and remanded for further proceedings.