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  • McEllroy v. Allentown City

    Publication Date: 2021-11-15
    Practice Area: Tax
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Johnson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1224

    All gross receipts that petitioners received for their for-profit daycare center, including monies received through the Pennsylvania Pre-K Counts Program, were appropriately included as gross or whole volume of business and were, therefore, taxable under Allentown City's taxation code. The court denied petitioners' appeal.

  • Manwaring v. St. Luke's Orthopaedic Care

    Publication Date: 2021-11-15
    Practice Area: Civil Procedure
    Industry: Health Care
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Johnson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1218

    The court denied plaintiffs' motion to discontinue as to less than all parties because plaintiff did not have written consent from all parties, the remaining defendant would be prejudiced, a discontinuance would contradict plaintiffs' original claim that defendant doctor was an agent of the defendant who was to be discontinued and remaining defendant had a cross claim pending against defendant who was to be discontinued. Motion to discontinue denied.

  • Daniels v. Olexa

    Publication Date: 2021-11-15
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Johnson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1219

    The court held that plaintiff's complaint was factually insufficient where plaintiff did not refer to actual misrepresentations about mold on the subject property made by defendant. Complaint dismissed.

  • Thomas v. Korpics et al

    Publication Date: 2021-11-08
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Johnson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1222

    Plaintiff, the decedent's girlfriend as well as the personal representative of his estate, could not sue defendants in her individual capacity where the estate suffered any alleged harm as a result of a purported conversion, not plaintiff. The court granted defendant's motion for summary judgment.

  • Commonwealth v. Caraballo

    Publication Date: 2021-11-01
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Steinberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1075

    Defendant's timely rule 1925(b) statement did not equate to issue preservation where his muddled filings complaining about his six different attorneys were not specific enough for the court to identify the issues he was raising and whose alleged ineffectiveness he was pursuing. The court recommended affirmance.

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  • Kim v. Weishaupt

    Publication Date: 2021-08-23
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Johnston
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0779

    Plaintiff was not entitled to a new trial or a judgment notwithstanding the verdict, because conflicting evidence existed regarding the cause of plaintiff's injuries.

  • Azemar v. Eichelberger

    Publication Date: 2021-08-09
    Practice Area: Corporate Entities
    Industry: Investments and Investment Advisory
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Johnson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0778

    Plaintiff failed to include all necessary parties to this lawsuit, but the court permitted him to amend. The court overruled defendant's remaining preliminary objections.

  • Keeney v. Keeney

    Publication Date: 2021-07-26
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Johnson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0720

    While grandmother was willing to assume responsibility for mother's minor child, she lacked standing to file a complaint in custody where the evidence of record failed to demonstrate, inter alia, that grandmother stood in loco parentis to the child. The court sustained defendant's preliminary objections.

  • Fabian v. USI Serv. Group, Inc.

    Publication Date: 2021-07-26
    Practice Area: Discovery
    Industry: Real Estate
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Johnson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0721

    The moving defendants failed to produce evidence to support a finding of good cause for a protective or confidentiality order or evidence to suggest that prejudice would result from the production of the documents sought in discovery. The court denied the moving defendants' request for a protective order.

  • Cedar Point West Assoc. L.P. v. Supervalu Holdings, Inc.

    Publication Date: 2021-07-12
    Practice Area: Contracts
    Industry: Real Estate
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Johnson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0722

    Plaintiff lacked standing to bring this suit against defendant under the Declaratory Judgment Act in order to seek reformation of a contract as it failed to demonstrate an actual controversy indicating imminent and inevitable litigation and a direct, substantial and present interest. The court sustained defendant's preliminary objections.