Blog Profile / Tort Talk


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Filed Under:Industries / Law
Posts on Regator:1489
Posts / Week:4.2
Archived Since:October 22, 2010

Blog Post Archive

Judge Nealon of Lackawanna County Addresses Coverage Issues in a Declaratory Judgment Action

yesterdayIndustries / Law : Tort Talk

In the case of Penn National Ins. Co. v. Kapinus, No. 2016 - CV - 3379 (C.P. Lacka. Co. July 12, 2017 Nealon, J.), Judge Terrence R. Nealon sustained in part and denied in part an insured's Preliminary Objections in a declaratory judgment...Show More Summary

Copy of Facebook Decision in Clapsadle Case Secured

yesterdayIndustries / Law : Tort Talk

A copy of the Facebook Discovery decision in the case of Clapsadle v. Barkman, No. 2015-1896 (C.P. Franklin Co. Sept. 15, 2016) has been secured and has been added to the Facebook Discovery Scorecard on Tort Talk.The decision can be accessed online HERE.I send thanks to Attorney Matthew S. Show More Summary

Link To Interesting Article on the Evolution of Self-Driven Vehicles To Date

2 days agoIndustries / Law : Tort Talk

The advent of self-driven vehicles appears to be upon as as the technology continues to be developed.Here is a LINK to an interesting article written by noted liability expert Steven M. Schorr and Joseph R. Fowler entitled "Self-Driven: The Path Towards Autonomous Vehicles." In this article, Mr. Show More Summary

Pennsylvania Superior Court Rules that Punitive Damages Claim May Not Be Added After Expiration of Statute of Limitations Where Such Claim Amounts to New Cause of Action

3 days agoIndustries / Law : Tort Talk

In the case of Wilson v U.S. Security Associates, No. 2017 Pa. Super. 226 (Pa. Super. July 18, 2017 Dubow, J., Ransom, J., Platt, J.)(Op. by Platt, J.), the Superior Court granted a defendants' motion seeking judgment notwithstanding...Show More Summary

Discovery of Private Portions of Plaintiff's Facebook Profile Denied

3 days agoIndustries / Law : Tort Talk

Another Facebook Discovery decision has been uncovered. In the case of Clapsadle v. Barkman, No. 2015-1896 (C.P. Franklin Co. Sept. 15, 2016), the court denied a defendant's motion to compel plaintiff to answer interrogatories regarding...Show More Summary

Summary Judgment Granted in Monroe County Supermarket Slip and Fall Case

last weekIndustries / Law : Tort Talk

In the case of Baboolal v. Bracey's Mt. Pocono, Inc, No. 8464 CIVIL 2015 (C.P. Monroe Co. Feb. 27, 2017 Williamson, J.), the Monroe County Court of Common Pleas granted summary judgment in favor of a Defendant supermarket in a case where a Plaintiff allegedly slipped and fell due to a grape and/or moisture on the floor. Show More Summary

Summary Judgment Denied in Monroe County Premises Liability Case

last weekIndustries / Law : Tort Talk

In the case of Brown v. Stroud Mall, No. 7599 CIVIL 2013 (C.P. Monroe Co. Aug. 23, 2016 Sibum, J.), the Plaintiff alleged injuries as a result of her foot becoming entangled in what appeared to be a wire strung across a hall of a local mall. Show More Summary

TORT TALK PRACTICE TIP

2 weeks agoIndustries / Law : Tort Talk

LOOK AHEAD Periodically look ahead on your calendar 30-45 days to see what’s coming down the pike. Lawyers hate surprises; clients hate them more. By repeatedly looking ahead you may be lucky enough to never again experience that awful...Show More Summary

Diversity Minimum Dollar Amount Found to be Met in Federal Court UIM Bad Faith Action

2 weeks agoIndustries / Law : Tort Talk

In the case of Koerner v. GEICO, No. 17-455 (M.D. Pa. May 18, 2017 Conaboy, J.), the court refused to remand a post-Koken UIM/bad faith litigation to state court. In part, the court found that the diversity minimum dollar amount wasShow More Summary

Post-Koken Venue Decision out of Dauphin County

2 weeks agoIndustries / Law : Tort Talk

In a Post-Koken case from back in December, 2016 entitled Colman v. Malave and State Farm, No. 2015-CV-10242 CV (C.P. Dauph. Co. Dec. 13, 2016 Tully, J.), the court granted a tortfeasor Defendant's Preliminary Objections to the Plaintiff's...Show More Summary

Amount of Advertising in a County by a Defendant Does Not Support Venue; Transfer of Venue Granted

3 weeks agoIndustries / Law : Tort Talk

In the case of Wyszynski v. Greenwood Gaming & Entertainment, Inc., 2017 Pa. Super. 108 (Pa. Super. April 17, 2017) (Op. by Ransom, J.), the Pennsylvania Superior Court ruled that a trial court did not abuse its discretion of transferring a slip and fall case from Philadelphia County to Bucks County under the case presented. Show More Summary

Western Federal District Court Grants Partial Summary Judgment in Medical Malpractice Case Involving Physician's Assistants

3 weeks agoIndustries / Law : Tort Talk

In the Western Federal District Court case of Brogdon v. Correct Care Solutions, LLC et.al., No. 1:16-CV-12 (W.D. Pa. April 21, 2017 Rothstein, J.), the court addressed a Plaintiff’s Motion for Partial Summary Judgment in a wrongfulShow More Summary

Summary Judgment Denied to Landowner In Slip and Fall Case But Granted For Snow Removal Contractor

3 weeks agoIndustries / Law : Tort Talk

In the case of Graham v. K Investments, Ltd., No. 4376-2014 (C.P. Monroe Co. March 13, 2017 Zulick, J.), Judge Arthur Zulick of the Monroe County Court of Common Pleas denied a restaurant’s Motion for Summary Judgment in a slip and fall case. Show More Summary

Summary Judgment Based Upon Hills and Ridges Doctrine Denied

3 weeks agoIndustries / Law : Tort Talk

In the Lycoming County Court of Common Pleas case of Holtzapple v. Dunkleburger, No. 15-1666 (C.P. Lycoming Co. March 15, 2017 Gray, J.), Judge Richard A. Gray of the Lycoming County Court of Common Pleas denied a Defendant’s Motion based upon the Hills and Ridges Doctrine. Show More Summary

Petition to Enforce Settlement Granted in Monroe County Case

4 weeks agoIndustries / Law : Tort Talk

In his recent decision in the case of Wise v. Hyundai Motor Company, No. 3777 Civil 2011 (C.P. Monroe Co. Dec. 16, 2016 Williamson, J.), Judge David J. Williamson addressed a Motion to Enforce Settlement and, after reviewing the law of whether a valid contract of settlement had been reached between the parties, granted the same. Show More Summary

Petition to Enforce Medical Malpractice Settlement Granted in Lackawanna County

4 weeks agoIndustries / Law : Tort Talk

In his recent decision in the medical malpractice case of Brink v. Mallik, No. 2013-CV-1314 (C.P. Lacka. Co. June 9, 2017 Nealon, J.), Judge Terrence R. Nealon reviewed the current status of the law of settlements in his assessment of a Petition to Enforce a settlement. Show More Summary

TORT TALK PRACTICE TIP

4 weeks agoIndustries / Law : Tort Talk

CAREFULLY READ TRIAL MANAGEMENT ORDERS When a Trial Management Order is issued read the Order in its entirety--Judges expect them to be followed to the letter. Immediately have all deadlines marked on your calendar.Also mark a tickler...Show More Summary

Bankruptcy Court Addresses Impact of Bankruptcy Stay on Ability of Plaintiff To Proceed on Personal Injury Action

last monthIndustries / Law : Tort Talk

A recurring issue in civil litigation matters is the effect of a Bankruptcy Stay on the ability of a plaintiff to proceed on a personal injury action against a person in bankruptcy.In the United States Bankruptcy Court for the Middle District case of In Re: Betty L. Show More Summary

Judge Conaboy of Federal Middle District Court Rules On Punitive Damages Issues In Commercial Motor Vehicle Accident Case

last monthIndustries / Law : Tort Talk

In his recent decision in the commercial motor vehicle accident case of Kane v. DG Express, No. 3:16-CV-216 (M.D.Pa. May 18, 2017 Conaboy, J.), Judge Richard P. Conaboy denied the defendants’ Motion in Limine seeking to preclude Plaintiff’s punitive damages claim. Show More Summary

Superior Court Addresses Whether UIM Claim is Collaterally Estopped By Prior Third Party Binding Arbitration Award (Maybe)

last monthIndustries / Law : Tort Talk

In a "non-precedential" Memorandum decision in the case of Fernandez v. Erie Insurance Group, No. 1002 EDA 2016 (Pa. Super. 2017 Moulton, Ransom, Fitzgerald, J.J.)(mem. op. by Fitzgerald, J.), the Pennsylvania Superior Court held that...Show More Summary

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