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Publication Date: 2023-02-13
Practice Area: Deals and Transactions
Industry: Investments and Investment Advisory | Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 11142 OF 2017, C.A.
The court granted a motion to dismiss all claims against defendants on the grounds that plaintiffs put forth no evidence that defendants acted fraudulently or presented any false evidence with the intention to induce plaintiff into purchasing a real property.
Publication Date: 2023-02-13
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 781 OF 2021
The court denied defendant's supplemental omnibus pretrial motion and motion for suppression on the grounds that there was sufficient probable cause on the affidavit to establish requisite substantial nexus between the alleged crimes and the residence to be searched.
Publication Date: 2023-02-13
Practice Area: Government
Industry: State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 10711 of 2022, C.A.
The court sustained defendants' preliminary objections to the application for declaratory relief on the grounds that plaintiffs first raised their objections to a taking in the form of a request for declaratory relief rather than first raising those issues in preliminary objections to defendant's declaration of taking.
Publication Date: 2023-02-06
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 709 OF 2021
Police were required to obtain a search warrant prior to seizing defendant's cell phone as there was no evidence to suggest he was likely to delete his cell phone's internet browser history and, thus, a lack of exigent circumstances necessitating immediate seizure of the phone. The court granted in part defendant's motion to suppress.
Publication Date: 2023-02-06
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 12035 of 2009, C.A.
While mother had been the primary caregiver of the parties' two sons, the factors set forth in §5328(a) of the Pennsylvania Custody Act, including the children's preferences and father's inclination to foster an amiable relationship with mother, persuaded the court that father should have primary physical custody. The court recommended affirmance.
Law Journal Press | Digital Book
Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager
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Publication Date: 2023-02-06
Practice Area: Premises Liability
Industry: Manufacturing | State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 10132 OF 2020, C.A.
While liability can be imposed upon a landowner and municipality where an object obstructs a roadway and causes injury, there were genuine issues of material facts regarding whether the tree that injured plaintiff was protruding over the roadway from the landowner's property at the time of the subject accident. The court denied defendants' motion for summary judgment.
Publication Date: 2023-02-06
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 10699 OF 2019, C.A.
The court granted defendant Medvid's preliminary objections in part finding that while plaintiff's complaint should not be dismissed for improper service or failure to spell defendant's name properly on the caption, it should be dismissed for plaintiff's failure to adequately plead fraud, unjust enrichment, and negligent misrepresentation.
Publication Date: 2023-01-30
Practice Area: Personal Injury
Industry: Retail
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10170 of 2019, C.A.
The court denied defendant company's motion for summary judgment in a slip and fall case on the basis that plaintiff had pled sufficient evidence for a jury to conclude a causal connection between the alleged dangerous condition and her injury.
Publication Date: 2023-01-23
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 10023 OF 2021, C.A.
The court granted in part and denied in part defendant medical facility's objections to plaintiff's claims. The court dismissed plaintiff's breach of contract claim finding that the conduct complained of would be better captioned in a claim for medical malpractice but overruled defendant's objections to the informed consent and battery claims, finding that plaintiff's pled sufficient facts.
Publication Date: 2023-01-23
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 660 OF 2021
The court granted in part and denied in part criminal defendant's pretrial motions. The court granted defendant's habeas petitions in part finding that the state failed to present "some" evidence of the crimes charged. The court further denied defendant's motion to suppress evidence of an illegal search, detention, and arrest, finding that the officer acted appropriately, had sufficient cause to pull the vehicle over, and received consent to search the vehicle.
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