Blog Profile / Tort Talk


URL :http://www.torttalk.com
Filed Under:Industries / Law
Posts on Regator:1317
Posts / Week:4.3
Archived Since:October 22, 2010

Blog Post Archive

Northampton County Court of Common Pleas Allows Cell Phone/Punitive Damages Claims to Proceed Beyond Summary Judgment (But for Non-Cell Phone Reasons)

9 hours agoIndustries / Law : Tort Talk

Tort Talkers may recall that I recently reported on the trial court decision denying Preliminary Objections filed by a Defendant in the cell phone/punitive damages case of Paszkowski v. Kleintop, No. C-0048-CV-2014-11600 (C.P. North....Show More Summary

Judge Nealon of Lackawanna County Again Reviews Validity of Punitive Damages Claims in Asbestos Litigation

2 days agoIndustries / Law : Tort Talk

In his recent decision in the asbestos litigation case of Horst v. Union Carbide Corp., No. 2015-CV-1903 (C.P. Lacka. Co. July 26, 2016 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas reviewed Motions for Summary Judgment filed by various Defendants against punitive damages claims presented by the Plaintiffs. Show More Summary

Corrected Link for Gowton v. State Farm

last weekIndustries / Law : Tort Talk

Here is a corrected LINK to the Gowton v. State Farm Fire & Casualty Company, No. 2:15-CV-01164-CB (W.D. Pa. June 29, 2016 Bissoon, J.) bad faith decision referenced on Tort Talk yesterday.I apologize for any confusion caused.

Allegedly Low Settlement Offer, In and Of Itself, Insufficient to Support Bad Faith Claim

last weekIndustries / Law : Tort Talk

In Gowton v. State Farm Fire & Casualty Company, No. 2:15-CV-01164-CB (W.D. Pa. June 29, 2016 Bissoon, J.), the court dismissed the Plaintiff's Complaint after finding that the Plaintiff's conclusory allegation that the carrier refused to pay in the amounts allegedly due in a fire loss claim was insufficient to support a cause of action in bad faith. Show More Summary

Western Federal District Court Addresses Duty to Defend Under Commercial Liability Policy

last weekIndustries / Law : Tort Talk

In the Federal Western District Court of Pennsylvania case of Acuity v. Knisely & Sons, Inc., No. 3:15-CV-00076-KRG (W.D. Pa. Aug. 9, 2016 Gibbons, J.), the court addressed the carrier’s Motion for Summary Judgment in a declaratory judgment...Show More Summary

Punitive Damages Claims Allowed to Proceed in Northampton County Trucking Accident Case

last weekIndustries / Law : Tort Talk

In the Northampton County Court of Common Pleas case of Scarpone v. Seaton, No. C-48-CV-2016-1965 (C.P. North. Co. Aug. 1, 2016 Roscioli, J.), the court allowed punitive damages to proceed beyond Preliminary Objections against a Defendant...Show More Summary

Summary Judgment Denied In Lackawanna County Premises Liability Case

2 weeks agoIndustries / Law : Tort Talk

In his recent Opinion in the case of Gunsior v. K Investments, et.al., No. 2011-CV-4742 (C.P. Lacka. Co. May 25, 2016 Minora, S.J.), Lackawanna County Senior Judge Carmen D. Minora addressed a summary judgment motion filed by Defendant Quaker Steak and Lube restaurant in a slip and fall matter. Show More Summary

Summary Judgment Denied on Vicarious Liability Issues in Shooting Case

2 weeks agoIndustries / Law : Tort Talk

In his recent Opinion in the case of Rogers v. Thomas, No. 12-CV-1464 (C.P. Lacka. Co. July 18, 2016 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas denied Motion for Summary Judgment in a shooting...Show More Summary

Pennsylvania Superior Court Affirms Four Year Statute of Limitations for UM Claims [Non-Precedential]

2 weeks agoIndustries / Law : Tort Talk

In its non-precedential Memorandum and Opinion in the case of Erie Insurance Exchange v. Bristol, No. 1119 EDA 2015 (Pa. Super. May 7, 2016) (Op. by Olson, J.)[Non-precedential], the Pennsylvania Superior Court again affirmed that the statute of limitations for a uninsured motorist claim was four (4) years. Show More Summary

Dauphin County Court of Common Pleas Addresses Timing of Facebook Discovery

2 weeks agoIndustries / Law : Tort Talk

An interesting Facebook Discovery decision was handed down Judge Andrew H. Dowling by Order only in the Dauphin County case of Vogelsong v. Cruz-Ramirez, No. 2015-CV-234 CV (C.P. Dauph. Co. July 29, 2016 Dowling, J.). According to information...Show More Summary

Elements of a Proper Declaratory Judgment Action Discussed by Judge Sklarosky of Luzerne County

3 weeks agoIndustries / Law : Tort Talk

In his recent decision in the case of Gorzkowski v. Modern Gas Sales, Inc., No. 14465 of 2013 aff’d in non-precedential decision No. 163 M.D.A. 2015 (Pa. Super. 2015), Judge Joseph Sklarosky, Jr. of the Luzerne County Court of Common...Show More Summary

Punitive Damages Claims Allowed to Proceed in Northampton County Cell Phone Case

3 weeks agoIndustries / Law : Tort Talk

A cell phone punitive damages decision from back in December of 2015 has been brought to my attention in the form of Paszkowki v. Kleintop, No. C-48-CV-2014-11600 (C.P. Northampton Co. Dec. 11, 2015 Roscioli, J.).In Paszkowski, the Plaintiff...Show More Summary

Judge Mazzoni of Lackawanna County Addresses Validity of UIM Rejection Forms (Including One that Was Backdated)

3 weeks agoIndustries / Law : Tort Talk

In a recent decision in the case of Petrillo v. Ace American Ins. Co., 2013-CV-306 (C.P. Lacka. Co. July 26, 2016 Mazzoni, S.J.), Senior Judge Robert A. Mazzoni of the Lackawanna County Court of Common Pleas granted a Plaintiff’s Motion...Show More Summary

Pennsylvania Supreme Court to Tackle Discoverability of Peer Review Documents in Context of Med Mal Case

3 weeks agoIndustries / Law : Tort Talk

On July 7, 2016, the Pennsylvania Supreme Court granted allocatur in the case of Reginelli v. Boggs, to address the issue of whether a hospital can invoke privilege with regards to peer review documents prepared by an outside contractor...Show More Summary

Admissibility of Damaging Facebook Posts by Plaintiff Addressed by Western District Federal Court

3 weeks agoIndustries / Law : Tort Talk

A Facebook decision from a while back has been brought to my attention--this one is not on the discoverability of Facebook info; rather, this decision pertains to the admissibility of such information at trial over the objection of the Plaintiff, in part, that the information is embarrassing. Show More Summary

Choice of Ways Doctrine Reviewed in Premises Liability Case

4 weeks agoIndustries / Law : Tort Talk

In the case of Graham v. Mohegan Sun, No. 3:14-CV-0908 (M.D. Pa. June 14, 2016 Kosik, J.), the court denied a landowner Defendant’s request for summary judgment in a trip and fall case. In this matter, the Plaintiff allegedly fell on a well-worn, but informal dirt path through grass on the premises. Show More Summary

Summary Judgment Denied in Lycoming County Slip and Fall Case

4 weeks agoIndustries / Law : Tort Talk

In a recent decision out of the Lycoming County Court of Common Pleas in the case of Goldy v. Woodlands Bank, No. 15-01334 (C.P. Lycoming Co. May 31, 2016 Gray, J.), Judge Richard A. Gray denied a landowner Defendant’s Motion for Summary Judgment in a trip and fall case. Show More Summary

Declaratory Judgment Entered In Favor of Homeowner's Carrier on Intentional Acts Exclusion in Shooting Case

4 weeks agoIndustries / Law : Tort Talk

Summary judgment was recently entered in favor of a carrier in a declaratory judgment action of Erie Insurance Exchange v. Moore, et al., No. CR 2014 - 4931 (C.P. Wash. Co. May 31, 2016 Emery, J.). The court entered summary judgmentShow More Summary

Judge Gibbons Reaffirms His Corporate Negligence Decision in Med Mal Context

last monthIndustries / Law : Tort Talk

In another decision from Judge James A. Gibbons in the case of Astleford v. Delta Medix, P.C., No. 2015-CV-5134, the court addressed various motions including the Defendant’s Motions for Reconsideration of the court’s prior decisionShow More Summary

Luzerne County Local Rules on Civil Litigation Arbitrations Amended

last monthIndustries / Law : Tort Talk

Here is a LINK to an Luzerne County Order of Court amending its Local Rules of Civil Procedure 1301 - 1313 pertaining to Arbitrations in that County.Of note are the adoption of a jursidictional limit of $50,000 or less for Arbitrations...Show More Summary

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