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Publication Date: 2022-08-15
Practice Area: Real Estate
Industry: Mining and Resources | Real Estate
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0810
Court granted International Development Corporation's request for summary judgment and denied plaintiff corporation's request for summary judgment in case regarding the granting of subsurface rights in a deed tracing back to the 1800's. While plaintiff asserted the deed conveying the property to them merely referenced prior deeds reserving subsurface rights, the court agreed with IDC that the prior deeds were not merely copied but were in fact, incorporated into the deed for the purposes of reserving rights. Otherwise, the court reaso
Publication Date: 2022-08-15
Practice Area: Contractual Disputes
Industry: Entertainment and Leisure
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0811
Court granted in part and denied in part defendant's motion for summary judgment in breach of contract claim. Although defendant argued plaintiff's breach of contract claim must fail because plaintiff failed to attach a copy of the alleged breached agreement to their complaint, the court found plaintiff had referenced the alleged agreement with enough specificity to place defendant on notice. The court agreed with defendant, however, that without the entire agreement attached, the court could not glean the nature of the alleged "breac
Publication Date: 2022-08-08
Practice Area: Civil Procedure
Industry: State and Local Government
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
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for defendant:
Case Number: 22-0753
Addressing an issue of first impression, the court of common pleas concluded that plaintiff's motion for summary judgment, which was filed between the two portions of a bifurcated trial, was not per se improper. The court granted in part and denied in part plaintiff's motion.
Publication Date: 2022-08-08
Practice Area: Litigation
Industry: Health Care | Legal Services
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0839
Defendants could ask potential jurors whether they were aware of plaintiff's law firm and cross-examine plaintiff's experts regarding previous testimony involving the nursing home field; however, the law firm's actions in previous cases were irrelevant to the merits of this case and were, therefore, precluded. The court of common pleas granted in part and denied in part plaintiff's motion in limine.
Publication Date: 2022-07-25
Practice Area: Public Records
Industry: Non-Profit | State and Local Government
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
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Case Number: 22-0755
Respondent, a township volunteer fire company, was subject to the Right-to-Know Law where the evidence regarding the degree of governmental control, the nature of respondent's functions and financial control supported a finding that it was a "local agency" for the purposes of that law. The court ordered a response to petitioner's request.
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Publication Date: 2022-07-25
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0754
There was sufficient evidence to overcome the presumption that decedent destroyed or revoked his original will, which could not be found, where the testator properly executed the original will, the contents of that will were substantially the same as the copy presented and the testator had not destroyed or revoked the will prior to his death. The court granted a petition to submit a will photocopy to probate, subject to the two-witness rule.
Publication Date: 2022-06-27
Practice Area: Real Estate
Industry: Entertainment and Leisure | Real Estate
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0665
Plaintiffs' claim for money damages could not be grounded on a count seeking solely to establish their right to injunctive relief in this dispute over an easement, and their complaint did not contain allegations sufficient to constitute "unreasonable interference" with their use of that easement under Pennsylvania law. The court sustained defendant's preliminary objections.
Publication Date: 2022-06-27
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
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Case Number: 22-0663
Respondent was incompetent, under the Dead Man's Act, to testify about a purported inter vivos gift of vehicles by the decedent prior to his death where respondent, the surviving party, failed to establish a prima facie valid inter vivos gift by clear, convincing and independent evidence. The court of common pleas barred respondent's testimony.
Publication Date: 2022-06-13
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
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for defendant:
Case Number: 22-0553
The court denied petitioner's request to set a purchase price and authorize the sale of decedent's family farm to him where decedent's will contained a latent ambiguity regarding an option to purchase and the related price and her intent could not be determined from the four corners of the will alone. The court denied petitioner's request and directed the co-executors to take certain action.
Publication Date: 2022-05-23
Practice Area: Personal Injury
Industry: Health Care
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0466
The court granted defendants summary judgment on plaintiff's corporate negligence claim premised on alleged understaffing of a nursing care facility where the evidence failed to demonstrate, through expert testimony or other evidence, a causal connection between the alleged understaffing and the breach that caused the decedent's injury. The court denied plaintiff's motion for reconsideration.
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