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  • Piccirillo v. Johnston

    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.

  • Hahn v. Lawrence County

    Publication Date: 2022-02-21
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0091

    The court found all objections by plaintiff to the response by the county and township to plaintiff's request for documents to be meritless.

  • Sharisky v. Sharisky

    Publication Date: 2022-02-21
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Acker
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0090

    The court ruled that defendants' preliminary objections to plaintiff's complaint should be granted and plaintiff's complaint should be dismissed on the basis of res judicata, collateral estoppel, and failure to state a claim for fraud. Complaint dismissed.

  • Hahn v. Wilmington Twp.

    Publication Date: 2022-02-21
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0092

    The court in this Rule 1925(a) opinion affirmed its decision to order the township to turn over requested documents that were not exempt because of privilege but denied all other requested relief. The court requested affirmance by the Commonwealth Court.

  • Engel v. Ellwood City Area Sch. Dist.

    Publication Date: 2022-01-24
    Practice Area: Employment Litigation
    Industry: Education
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1533

    The court, in this opinion under Rule 1925(a), did not change its holding from its original determination which affirmed the school board's decision to furlough appellant, an assistant principal, due to declining school enrollment and appellant's relatively low seniority. Affirmed.

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  • Commonwealth v. McMillan

    Publication Date: 2022-01-24
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1531

    The court held that the traffic stop was valid based upon the observation by police officer that defendant made a turn without signaling, but that the police officer had no probable cause for the ensuing custodial detention or strip search. Motion to suppress evidence obtained as a result of the strip search granted.

  • Colo Prop. Mgmt. v. Faraone

    Publication Date: 2022-01-10
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1482

    Since plaintiff purchased property from defendants' former landlord and explicitly recognized the existence of that landlord-tenant relationship, plaintiff was subject to the same duties as the previous landlord and was required to provide defendants with a notice to quit and attach a copy of that notice to its complaint. The court sustained defendant's preliminary objections.

  • Commonwealth v. Defoor

    Publication Date: 2022-01-10
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1483

    The court held that the state trooper had probable cause to stop defendant because the trooper was unable to see the temporary registration that was affixed to his window. Further, the law did not require defendant to have Miranda warnings during an investigatory detention during a traffic stop. Finally, without observations or other evidence of defendant's inability to drive safely, the Commonwealth could not charge defendant with DUI-Impaired Ability to Operate a Vehicle. Defendant's motions to suppress denied; defendant's habeas co

  • Houk v. Brown

    Publication Date: 2022-01-10
    Practice Area: Wrongful Death
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1484

    The court denied in part and granted in part defendant's preliminary objections to plaintiff's complaint which asserted claims for wrongful death.

  • Margel v. Noga Ambulance Serv., Inc.

    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.