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Publication Date: 2022-08-29
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0933
The court granted in part and denied in part criminal defendant's motion to suppress evidence. The court denied defendant's motion to suppress an illegally recorded video where defendant was not actually recorded, finding that he did not have standing to make the suppression request. As to defendant's request to suppress evidence seized during a warrant search of his house, the court agreed the affidavit did not have the requisite level of probable cause to justify the search.
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: 2022-08-22
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0875
Court granted criminal defendant's motion to suppress evidence obtained during a warrantless search of a vehicle. The court noted that although the officer conducting the search had probable cause to search the vehicle for drug paraphernalia, no exigent circumstances existed because the occupants had exited the vehicle and were not able to destroy any potential evidence at the time of the search. Therefore, because the warrantless search was not predicated on both probable cause and exigent circumstances, the search violated defendant
Publication Date: 2022-08-15
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0215
The court refused to suppress evidence of drug sales activity found by police in plain view in defendant's hotel room where police entered the room at defendant's request during a mere encounter, which did not afford defendant any protection upon which he could base a claim of a warrantless search. The court denied defendant's motion to suppress.
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.
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Authors: Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown
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Publication Date: 2022-06-20
Practice Area: Contracts
Industry: Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0581
An agreement did not possess the characteristics of an installment land contract, so the court granted declaratory relief stating that the parties' agreement was a residential lease which was subject to landlord tenant law.
Publication Date: 2022-06-06
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Acker
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0525
The court denied husband's exceptions to the equitable distribution contained in the master's report, because the master correctly calculated the marital portion of husband's state entity pension, and the evidence was insufficient to show that husband contributed to wife's education, training or enhanced earning power.
Publication Date: 2022-06-06
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Acker
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0524
Where a civil lawsuit had not been concluded at the time of decedent's death, the court could appoint an executor to handle the litigation, even though the estate did not otherwise require an administrator.
Publication Date: 2022-06-06
Practice Area: Labor Law
Industry: State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Acker
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0526
The court declined to vacate a grievance arbitration award issued in accordance with Act 111, which was enacted to provide prompt and binding solutions to labor disputes involving police officers and firefighters, as there was no basis to overturn the award under the limited judicial review applicable to such proceedings. The court denied a petition to vacate a grievance arbitration award.
Publication Date: 2022-06-06
Practice Area: Contracts
Industry: Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0523
The court denied defendant's motion for judgment on the pleadings because Pennsylvania law did not require mutuality of remedies, and the parties' contract provided for specified remedies in the event of a default by either party.
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