• Commonwealth v. Gaydos

    Publication Date: 2023-03-13
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Leskinen
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2518 of 2021

    Court granted juvenile's petition for transfer to juvenile court on homicide charge where he had no prior record, suffered from anger management issues, and was likely to have a finding of lesser culpability by the jury under a theory of self-defense or imperfect self-defense. Defendant's petition for transfer granted.

  • Stumpo v. Camp

    Publication Date: 2023-03-13
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Vernon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 78 of 2021, G.D.

    Claims to quiet title and adverse possession failed where evidence clearly showed that defendants owned the disputed property and had permitted plaintiff to use the disputed portions during the entire length of defendants' ownership of their parcel.

  • Commonwealth v. McShane

    Publication Date: 2023-01-02
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Vernon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 617 of 2020

    The court granted in part and denied in part criminal defendant's motion to suppress statements and references to a polygraph examination. The court agreed that the totality of circumstances demonstrated that statements defendant made prior to the examination were willingly given. The court found, however, that the totality of circumstances warranted precluding references to the examination at large.

  • Calvary SPV I, LLC v. Buckholder

    Publication Date: 2023-01-02
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Vernon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2231 of 2014, G.D.

    The court granted defendant's motion for summary judgment on the grounds that plaintiff failed to produce sufficient evidence under Pa.R.C.P. 1035.3(2) to establish that there was an agreement between the parties, nor that any debt was owed.

  • Commonwealth v. McShane

    Publication Date: 2022-12-26
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Vernon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 617 of 2020

    While police employed intense tactics during an interrogation of defendant, the court found no basis for his claim that the interview was so manipulative or coercive that authorities deprived defendant of his ability to make a free and unconstrained decision to confess. The court denied defendant's motion to suppress.

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  • Richards v. Nationwide Prop. & Cas. Ins. Co.

    Publication Date: 2022-07-18
    Practice Area: Insurance Law
    Industry:
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge George
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0725

    Court granted defendant insurance company's motion to dismiss case on the basis that plaintiff had signed a release which discharged defendant from all past, present, and future claims resulting from the accident at issue. Although plaintiff argued that there was a mutual mistake at the time of signing, the court held that Pennsylvania law treats releases as contracts and plaintiff was represented by counsel at the time of signing and indicated she understood the nature of the contract.

  • Commonwealth v. Wormack

    Publication Date: 2022-07-18
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Leskinen
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0727

    Court granted defendant's motion to suppress evidence obtained during a warrantless search of his vehicle during a traffic stop. Specifically, because the police officer conducting the stop indicated he only searched the vehicle due to the smell of marijuana emanating from the vehicle, the court found that alone was not enough to justify the warrantless vehicle search and denied the commonwealth's argument that the officer had probable cause to search the vehicle.

  • Frame v. County of Fayette Office of Planning, Zoning & Cmty. Dev.

    Publication Date: 2022-07-18
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Leskinen
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0722

    Plaintiffs failed to meet their burden of establishing the unconstitutionality of a Fayette County zoning ordinance governing junk storage and sales uses as well as salvage operation uses in high-density residential districts. The court denied plaintiff's motion for summary judgment.

  • Krevics v. Duley

    Publication Date: 2022-07-18
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Creany
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0724

    Court grants motion to dismiss claims arising from a father's will which failed to bequeath property to his children and instead named his friend as the main beneficiary. Although the daughter of the testator brought a claim for legal malpractice, the court noted Pennsylvania law was clear that only an individual who had an attorney-client relationship with an attorney could bring a claim against a lawyer. In this case, the plaintiff had never had an attorney-client relationship with the attorney who drafted testator's will. The court

  • Commonwealth v. Golden

    Publication Date: 2022-03-07
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Cordaro
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0145

    The court held that all aspects of the traffic stop involving defendant were unconstitutional because excessive nervousness of the defendant cited by the trooper as the basis for the investigatory detention was not sufficient; any evidence produced thereafter was subject to suppression. Pretrial motion granted.