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Tag Archives: Civil Practice

Legislative immunity shields some subpoenaed documents (access required)

Where defendant served subpoena duces tecum on members of the Alleghany County Board of Supervisors, the commonwealth’s motion to quash is denied in part. Legislative immunity applies to some of the requested documents. Overview This case arises from a petition ...

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Counsel’s ‘slothful inattention’ dooms requests for more time (access required)

Where one motion to dismiss was granted after the plaintiff offered no opposition, he did not respond to a second motion to dismiss and failed to timely serve additional defendants, his counsel’s “slothful inattention” led the court to deny further ...

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Statute allows substitute to confess judgment (access required)

A statute that provides a method for appointing a substitute attorney in fact after a confession of judgment is executed defeats defendants’ argument that a successor must be named in the original instrument. Plaintiff’s motion to affirm a confession of ...

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Prior suit not res judicata for easement counterclaim (access required)

Because defendants in the current suit concerning a lake access easement were not in privity with the plaintiff in a prior suit concerning the same easement, res judicata does not bar defendants’ counterclaim against plaintiffs in the current suit. Alleged ...

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Attorney’s fees correctly awarded in fraud case (access required)

Where appellees prevailed on their claim that appellants acquired a valuable firearm collection by fraud, appellants were properly ordered to pay more than $108,000 in attorney’s fees. Background Ernest Elsea had several health problems that caused cognitive deficits and hearing ...

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No suit for assigned percentage of note (access required)

Where plaintiff partially assigned a promissory note to another entity, plaintiff cannot sue a defaulting defendant for the assigned percentage. Overview Plaintiff Walnut Street Finance and defendant Ferguson Holdings entered into a promissory note. Defendant Devon Ferguson signed the note ...

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Default vacated where court lacked jurisdiction over defendant (access required)

Where there were no factual allegations showing how a corporate defendant’s ownership of a patent caused injury to plaintiffs in Pennsylvania, an entry of default against the corporate defendant by the Western District of Pennsylvania was vacated because the court ...

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