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  • Commonwealth v. Kennedy

    Publication Date: 2020-11-23
    Practice Area: Evidence
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1175

    The assistant district attorney prosecuting this case against defendant was permitted to authorize one-party consensual interception of a witness's telephone conversations with defendant and employed a meticulous procedure to ensure that the teenage witness voluntarily provided her consent to the interceptions. The court denied in part defendant's omnibus pretrial motion to suppress.

  • T.D.A.P. v. Lawrence County Soc. Serv., Inc.

    Publication Date: 2020-11-23
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1177

    Plaintiffs' complaint contained all the necessary elements of a claim for negligence, so the court overruled defendant's preliminary objection.

  • Commonwealth v. Meyer

    Publication Date: 2020-11-16
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1153

    The commonwealth presented sufficient evidence to support a prima facie case with respect to all crimes charged, so the court denied defendant's petition for a writ of habeas corpus.

  • In re: R.N.S.

    Publication Date: 2020-11-16
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Acker
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1152

    The court terminated father's parental rights where he showed no interest in his minor daughter and, through conduct continuing for at least six months immediately preceding the filing of a petition to involuntary terminate parental rights, evidenced a settled purpose of relinquishing parental claim to his daughter and failed to perform his parental duties. The court granted the petition to terminate.

  • Erie Ins. Exch. v. Sutherland

    Publication Date: 2020-11-09
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1125

    An insurer could not deny underinsured motorist coverage where the insured paid for stacked benefits, even though the insured waived such coverage under another policy. The court denied the insurer's motion for judgment on the pleadings.

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  • SMG Landscape & Constr. v. Facility Source, LLC

    Publication Date: 2020-11-09
    Practice Area: Contracts
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1124

    The court refused to enforce a forum selection clause in the parties' agreement because the discrepancy between the amount in controversy and the cost of litigating in Arizona, as provided for in the clause, would prevent or seriously impair plaintiff's ability to pursue its breach of contract claim. The court denied defendant's preliminary objections.

  • Denelle v. Denelle

    Publication Date: 2020-11-09
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1126

    The evidence indicated defendant did not sign an acknowledgement of paternity and was not the biological parent of the minor child in question, so the court eliminated defendant's child support obligation.

  • DON Recovery Serv., LLC v. City of New Castle

    Publication Date: 2020-10-26
    Practice Area: Land Use and Planning
    Industry: Non-Profit | State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1090

    The New Castle City Council erred in denying petitioner a conditional use to operate a drug and alcohol counseling center where petitioner presented ample, unrebutted evidence to demonstrate its prospective compliance with general and specific criteria governing such conditional use, including traffic control and safety measures. The court of common pleas reversed.

  • Budai v. Country Fair, Inc.

    Publication Date: 2020-09-28
    Practice Area: Consumer Protection
    Industry: Retail
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0989

    The allegations in plaintiffs' putative class action complaint, which alleged that the defendant proprietor willfully violated the requirements of the Fair and Accurate Credit Transaction Act, satisfied all three factors necessary to attain standing under Pennsylvania's traditional standing. The court denied defendant's motion for reconsideration.

  • Blank v. Combs

    Publication Date: 2020-09-28
    Practice Area: Personal Injury
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0930

    Plaintiffs adequately stated claims for negligence and loss of consortium where they alleged that defendants knew about a third party's mental health issues and failed to take any action even after discovering that the person was distressed and had left their residence with a firearm.