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Publication Date: 2022-05-02
Practice Area: Corporate Entities
Industry: Construction
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0376
The court refused to pierce the corporate veil of the defendant limited liability company in order to hold the individual defendant's wife liable for alleged breach of contract given the parameters of §8834 of Pennsylvania's Limited Liability Statute as well as the strong presumption against piercing the corporate veil. The court denied plaintiff's motion for leave to join a party.
Publication Date: 2022-04-25
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0297
While the registration requirements that defendant was subjected to in accordance with the Sexual Offender Registration and Notification Act caused him certain difficulties, those difficulties did not outweigh the interests in protecting the public from sexually violent offenders by providing them with the necessary information to adequately protect themselves. The court denied defendant's motions to enforce plea agreement and bar sexual offender registration.
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: Personal Injury
Industry: Technology Media and Telecom
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0240
Court overruled preliminary objections based on failure to attach integral writing to the complaint where the defect could be cured by filing an amended complaint. Defendants' preliminary objections overruled.
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Publication Date: 2022-03-28
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Acker
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0241
Preliminary objections to respondents' new matter sustained where order to show cause issued to respondents did not concern the claims raised by respondents that were struck by the preliminary objections. Petitioner's preliminary objections sustained in part and overruled in part.
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: 2022-03-21
Practice Area: Insurance Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0209
The court declined to find a violation of public policy in favor of the plaintiff insured where the language in two motor vehicle coverage policies, which limited inter-policy stacking of underinsured motorist coverage, was not obviously against the public health, safety morals or welfare of the public. The court found in favor of the defendant insurer.
Publication Date: 2022-03-21
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0178
The court sustained defendant's objection against plaintiff for failing to attach to its complaint documentation to show how plaintiff came to be owner of the alleged credit card debt and how the balance was accrued, and the date the account was issued. The court ordered plaintiff to provide a proper verification, noting that plaintiff's counsel signed the verification without a statement as to why plaintiff was unable to sign the verification. Objections sustained.
Publication Date: 2022-02-28
Practice Area: Civil Procedure
Industry: Technology Media and Telecom
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0122
The court found that plaintiffs did not attach any exhibits to their complaint that contained writings published by New Castle News, that quoted the substance of any publishing by New Castle News, or contended that the court was permitted to take judicial notice of any such writing which was sufficient to strike the complaint with leave to cure. Leave to amend granted.
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