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Blog Profile / Tort Talk


URL :http://www.torttalk.com
Filed Under:Industries / Law
Posts on Regator:970
Posts / Week:5
Archived Since:October 22, 2010

Blog Post Archive

A Split of Authority Develops on Admissibility of Bad Faith Expert Testimony

1 hour agoIndustries / Law : Tort Talk

In his recent decision in the case of Monaghan v. Travelers, No. 3:12CV1285 (M.D.Pa. July 16, 2014 Munley, J.), Judge James Munley bucked the recent trend of Pennsylvania court decisions holding that expert testimony is unnecessary in insurance bad faith cases by ruling that, under F.R.E. Show More Summary

Release From Liability Form Upheld in Poconos Snow Tubing Case

8 hours agoIndustries / Law : Tort Talk

In his recent decision in the case of Dunlap v. Davenport v. The Villas at Tree Tops and Fairway, PICS Case No. 14-0883 (Monroe Co. April 28, 2014 Williamson, J.), Judge David Williamson of the Monroe County Court of Common Pleas upheld...Show More Summary

Lehigh County Trial Court Dismisses Punitive Damages Claim Based Solely on Cell Phone Use During Auto Accident

yesterdayIndustries / Law : Tort Talk

In the case of Pietrulewicz v. Gil, No. 2014 - C - 0826 (C.P. Lehigh Co., June 6, 2014 Reichley, J.), Judge Douglas G. Reichley of the Lehigh County Court of Common Pleas sustained a defendant's preliminary objections and struck a plaintiff's...Show More Summary

Copy of Northampton County Limited Tort MSJ Case Secured (Ramos v. Jones)

4 days agoIndustries / Law : Tort Talk

I now have a copy of the Northampton County Court of Common Pleas limited tort summary judgment decision listed in yesterday's Tort Talk post. Anyone wishing a copy may please contact me at dancummins@Comcast.net.I send thanks to Attorney Jill Moffitt of the Bethlehem office of Forry Ullman for providing me with a copy.

Summary Judgment Entered for Defendant Based Upon Failure to Make Good Faith Effort to Serve Complaint

4 days agoIndustries / Law : Tort Talk

In his recent decision in the Jefferson County case of Pearce v. Jones, PICS Case No. 14-0928 (C.P. Jefferson Co. May 23, 2014 Foradora, J.), Judge John Foradora addressed the issue of the applicability of the statute of limitations barring an automobile negligence claim based upon a service on process issue. Show More Summary

Limited Tort Summary Judgment Granted in Northampton County

4 days agoIndustries / Law : Tort Talk

In his recent decision in the case of Ramos v. Jones, PICS Case No. 14-1051 (C.P. Northampton Co. June 18, 2014 Baratta, J.), Judge Stephen G. Baratta of the Northampton County Court of Common Pleas granted a Defendant’s Motion for Partial Summary Judgment in a limited tort case and dismissed the Plaintiff’s claims for non-economic damages. Show More Summary

ARTICLE: TRIAL TIPS 101

5 days agoIndustries / Law : Tort Talk

Here is a LINK to my recent article published in the Pennsylvania Lawyer Magazine entitled "Trial Tips 101" which reviews fundamental tips offered in order to try to help make your next trial a bit smoother in terms of preparation and presentation. Show More Summary

ABA Says Its Ethical To Research Jurors Through Social Media

5 days agoIndustries / Law : Tort Talk

The American Bar Association has issued a report indicating that it is ethical for lawyers to scour online for publicly available information regarding jurors. However, the report does caution attorneys against actively “following” or “friending” jurors or otherwise attempting to invade the private internet areas of the potential jurors. Show More Summary

A New Civil Cause of Action is Born

last weekIndustries / Law : Tort Talk

The Governor of Pennsylvania recently signed into law HB 2107, effective 60 days from July 8, 2014, which not only creates a new criminal offense for the dissemination of nude or sexually explicit images of a current or former partner...Show More Summary

More Commentary on Barrick v. Holy Spirit Discovery Rule Barring Discovery of Communications By Attorney to Expert

last weekIndustries / Law : Tort Talk

Here is a LINK an article from today's The Legal Intelligencer entitled "Pa. Adopts Rule Banning Attorney-Expert Discovery" by Gina Passarella who called for a comment on the issue.The article provides more analysis on the amendments...Show More Summary

Follow-Up to Post on New Barrick Rule of Civil Procedure - Not Effective Until August 9, 2014

last weekIndustries / Law : Tort Talk

In follow-up to yesterday's post on the amendment to the Pennsylvania Rule of Civil Procedure 4003.5 that incorporates the Barrick bright-line rule precluding discovery of communications between attorneys and their experts, it is noted that the Rule does not go into effect until August 9, 2014 as per the Supreme Court Order on the matter. Show More Summary

ANOTHER SAD DAY FOR THE TRUTH: The Law of Barrick Has Been Added to Rule of Civil Procedure 4003.5

last weekIndustries / Law : Tort Talk

Rule 4003.5 has been amended to incorporate the law of Barrick v. Holy Spirit Hospital which protects from disclosure in discovery any forms of communications from lawyers to their experts. Also protected are draft reports by experts.The Rule, promulgated under Pa.R.C.P. Show More Summary

ARTICLE: Automobile 'Black Box' Information Ruled Admissible in Criminal Case

last weekIndustries / Law : Tort Talk

EVIDENCE Automobile 'Black Box' Information Ruled Admissible in Criminal Case ByDaniel E. Cummins, The Legal IntelligencerJuly 1, 2014Republished here with permission by American Law Media. Daniel E. Cummins, Esq.FOLEY, COMERFORD & CUMMINSScranton,...Show More Summary

Judge Zulick Allows for Severance and Stay of Bad Faith Claims in Monroe Co. Post-Koken Matter

last weekIndustries / Law : Tort Talk

Judge Arthur Zulick In his recent decision in the case of Comrie v. Atlantic State Ins. Co., PICS Case No. 14-096 (C.P. Monroe Co. May 29, 2014 Zulick, J.), Judge Arthur Zulick of the Monroe County Court of Common Pleas granted a UIM carrier’s Motion to Sever and Stay the bad faith portion of the claims asserted in a post-Koken matter. Show More Summary

No Liability for Valet Service for Returning Car to Visibly Intoxicated Patron

2 weeks agoIndustries / Law : Tort Talk

In its recent decision in the case of Moranko v. Downs Racing LP, 2014 Pa.Super. 128 (Pa.Super. June 24, 2014 Panella, J., Mundy, J., and Platt, J.)(Op. by Panella, J.), the Pennsylvania Superior Court held that Pennsylvania law does...Show More Summary

Pennsylvania Defense Institute Announces Annual Awards

2 weeks agoIndustries / Law : Tort Talk

I write to thank those members of the Pennsylvania Defense Institute, a statewide organization of defense counsel and insurance claims professionals, for selecting me to receive the Pennsylvania Defense Institute's 2014 Distinguished Defense Counsel of the Year Award. Show More Summary

Nationwide Has An Order to Abide

2 weeks agoIndustries / Law : Tort Talk

In one of the latest decisions handed down in the Commonwealth in the context of insurance bad faith litigation, Judge Jeffrey Sprecher of the Berks County Court of Common Pleas has doled out an $18 million dollar award against Nationwide Mutual Insurance along with an award of $3 million in attorney's fees in the case of Berg v. Show More Summary

Open Issue of Identifying UM/UIM Carrier as Party Defendant At Trial Reviewed

2 weeks agoIndustries / Law : Tort Talk

Here's a LINK to a June 30, 2014 article by Zack Needles in The Legal Intelligencer entitled "Lawyers Confused About Insurer-Naming in UM/UIM Cases" in which the ongoing issue of whether a jury should be apprised of the identity of a UM/UIM insurance company in a post-Koken trial is reviewed. Show More Summary

You Can't Get Something for Nothing: Regular Use Exclusion Upheld - Again

3 weeks agoIndustries / Law : Tort Talk

In its decision from yesterday, June 30, 2014 in the case of Erie Ins. Group v. Catania, 2014 Pa.Super. 136, --- A.3d --- (Pa. Super. June 30, 2014 Shogan, Olsen, and Wecht, J.J.)(Op. by Shogan, J.), the Pennsylvania Superior Court handed down its latest opinion upholding the validity of the regular use exclusion. Show More Summary

Please Consider Registering Now for the Tort Talk Expo 2014 Before Your Calendar Fills Up

3 weeks agoIndustries / Law : Tort Talk

PLEASE SAVE THE DATE September 26, 2014 TORT TALK EXPO 2014 Mohegan Sun Casino and Hotel Wilkes-Barre, PA (3 Substantive, 1 Ethics Credit) PROGRAM TO INCLUDE: 12:00 pm - 1:00 pm "Back to School" A TORT TALK AUTO LAW/CIVIL LITIGATION UPDATE by Daniel E. Show More Summary

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