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Publication Date: 2020-06-15
Practice Area: Landlord Tenant Law
Industry:
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Rogers
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0496
A tenant was not denied due process because she participated in a hearing. The court concluded that the tenant's appeal of a judgment in favor of the landlord lacked any merit.
Publication Date: 2020-06-15
Practice Area: Education Law
Industry:
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Rogers
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0495
Plaintiffs' claim for injunctive relief under the Americans with Disabilities Act was moot because the child had graduated from high school. Also, a federal court had previously dismissed plaintiffs' ADA claim, so res judicata applied.
Publication Date: 2020-03-09
Practice Area: Civil Appeals
Industry:
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Rogers
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0178
Where plaintiff failed to file a statement in accordance with Pa.R.A.P. 1925(b) with the prothonotary, serve the court of common pleas with such a statement or request an extension to do so, she waived any issues she sought to raise on appeal. The court of common pleas recommended affirmance.
Publication Date: 2020-03-02
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Rogers
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0145
Appeal of a summary judgment was premature where several other parties and claims remained active in the case. Defendants failed to provide sufficient evidence for the jury to consider their claims.
Publication Date: 2020-01-27
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Rogers
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0053
Defendant was not entitled to a jury instruction on the castle doctrine, a specialized component of self-defense recognizing that a person has no duty to retreat from his home before using deadly force as a means of self-defense, where there was no evidence of unlawful and forceful entry by the victim. The court recommended affirmance.
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Publication Date: 2020-01-27
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Rogers
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0054
Where the record established that neither of defendant's first two attorneys were ineffective in representing him, counsel appointed to represent defendant on a subsequent petition for relief under the Post Conviction Relief Act could not be found to have provided ineffective assistance of counsel for failing to litigate such claims. The court recommended affirmance.
Publication Date: 2020-01-27
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Rogers
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0021
Although the doctrine of res ipsa loquitur may have applied in this medical malpractice case, it did not eliminate the need for expert testimony. Due to plaintiff's failure to file an appropriate certificate of merit under Pa.R.C.P. 1042.3, a judgment of non pros was appropriate.
Publication Date: 2019-12-02
Practice Area: Real Estate
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Rogers
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1368
Where the plaintiff lender alleged possession of the original note at issue in this mortgage foreclosure suit and attached a copy of the note and assignments to its filings, defendants' boilerplate denials failed to raise any genuine issue of material fact regarding plaintiff's standing. The court recommended affirmance of its order granting plaintiff summary judgment.
Publication Date: 2019-08-19
Practice Area: Real Estate
Industry: Financial Services and Banking | Real Estate
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Rogers
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0894
The trial court denied defendant's petition to open and/or strike a consent judgment in this mortgage foreclosure suit where both parties' counsel executed the consent judgment on behalf of their clients and defendant failed to cite any evidence to challenge the consent judgment except for his belated allegations raised in a petition to strike. The court recommended affirmance.
Publication Date: 2019-08-05
Practice Area: Banking and Finance Laws
Industry: Accounting
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Rogers
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0828
Post-trial relief was not appropriate where the evidence was sufficient to support the jury verdict, and the appealing party did not establish any error with regard to the jury instructions.
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