Blog Profile / Tort Talk


URL :http://www.torttalk.com
Filed Under:Industries / Law
Posts on Regator:1052
Posts / Week:4.5
Archived Since:October 22, 2010

Blog Post Archive

Compromise Verdict Upheld Even Though Parties Stipulated to Amount of Economic Damages

3 days agoIndustries / Law : Tort Talk

In its recent decision in Kinderman v. Cunningham, No. 1604 EDA 2013, 2015 Pa. Super. 30 (Pa. Super. Feb. 11, 2015 Bowes, Ott, Jenkins, J.J.) (Op. by Bowes, J.)(Ott, J., Dissenting), the Pennsylvania Superior Court ruled that a new trial...Show More Summary

Non-Precedential Superior Court Opinion on Fair Scope of Expert Reports (Check Out the Dissent)

4 days agoIndustries / Law : Tort Talk

Within the Fair Scope In a recent Memorandum Opinion, the Pennsylvania Superior Court addressed the fair scope of expert report rule, as well as issues pertaining to the untimely production of an expert report, in the medical malpractice case of Chiodetti v. Show More Summary

Automobile Insurance Policy Providing Coverage to "Named Driver Only" Upheld as Valid

5 days agoIndustries / Law : Tort Talk

Tort Talkers may recall the prior November 13, 2014 Tort Talk post on the Montgomery County case of An v. Gillmore & Victoria Fire and Cas. Co. in which that court upheld the validity of a "Named Driver Only" policy. (Click HERE to view...Show More Summary

Pennsylvania Superior Court Addresses Requirements for Valid Reservation of Rights Letter

5 days agoIndustries / Law : Tort Talk

In an April 15, 2015 decision in the case of Erie Ins Exch. v. Lobenthal, 2015 Pa.Super. 78 (Pa. Super. 2015 Ford Elliott, P.J.E., Shogun, Musmanno, J.J.)(Op. by Ford Elliott, P.J.E.), the Pennsylvania Superior Court addressed the validity...Show More Summary

Bifurcation/Consolidation of Post-Koken Trials Uncovered To Date

6 days agoIndustries / Law : Tort Talk

In follow up to Friday's Tort Talk post on Lackawanna County Judge Terrence R. Nealon's decision in the case of Kujawski v. Fogmeg and Allstate, No. 2012-CV-3395 (C.P. Lacka. Co. April 15, 2015, Nealon, J.), in which Judge Nealon ruled...Show More Summary

Centre County Court Decisions on Cell Phone Use and Claim for Punitive Damages

6 days agoIndustries / Law : Tort Talk

Multitasking: Better to stick with steering and braking In a recent Centre County Court of Common Pleas decision in the case of Gunsallus v. Smith, No. 2013-3765 (C.P. Centre Co. April 7, 2015 Kistler, J.), Judge Thomas K. Kistler granted...Show More Summary

AGENDA FOR TORT TALK EXPO 2015 ANNOUNCED

last weekIndustries / Law : Tort Talk

TORT TALK EXPO 2015 Thursday, September 24, 2015 Mohegan Sun Casino and Hotel Wilkes-Barre, PA (3 Substantive, 1 Ethics Credit [to be requested]) Door Prizes - Vendor Giveaways - Raffle Prizes AGENDA: [Registration 11:30 am - 12 noon] 12:00 pm - 1:00 pm - "Lessons from Forrest Gump" A TORT TALK AUTO LAW UPDATE by Daniel E. Show More Summary

Judge Nealon Rules in Favor of Consolidation for Post-Koken Trials (And Also Rules on Appropriate Jury Instructions)

last weekIndustries / Law : Tort Talk

In his April 15, 2015 decision in the case of Kujawski v. Fogmeg and Allstate, No. 2012-CV-3395 (C.P. Lacka. Co. April 15, 2015, Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas issued another notable...Show More Summary

Judge Minora of Lackawanna County Addresses Liability of Mental Health Professionals for Harm Caused by Mentally Unstable Patients

last weekIndustries / Law : Tort Talk

In the case of Rarrick v. Silbert, No. 2002 CV 4951 (C.P. Lacka. Co. March 24, 2015 Minora, J.), Judge Carmen D. Minora denied a motion for summary judgment filed by the defense in a medical malpractice case against a psychiatrist and...Show More Summary

Judge Williamson of Monroe County Stays His Course of Severing Bad Faith and UM/UIM Claims for Trial (But Not Discovery)

last weekIndustries / Law : Tort Talk

In his recent decision in the case of Kemp v. Mut. Benefit Ins. Co., PICS Case No. 15-0517 (C.P. Monroe Co. Jan. 14, 2015 Williamson J.), Judge David J. Williamson addressed a defendant carrier's motion to sever bad faith claims from the contractual claims in the early stages of the matter. Show More Summary

Public Road Running in Front of Home Not Part of "Insured Location" For Homeowner's Insurance Coverage Purposes

last weekIndustries / Law : Tort Talk

In his recent decision in the case of O'Brien v. Ohio Casualty, No. 2002 CV 6990 (C.P. Lacka. Co. Minora, J.), Judge Carmen D. Minora of the Lackawanna County Court of Common Pleas ruled that a homeowner's carrier had a duty to defend...Show More Summary

Fishing Allowed With Written Discovery Requests -- But Only With a Hook or Harpoon (Not a Net)

2 weeks agoIndustries / Law : Tort Talk

In his recent Order of March 16, 2015, Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas addressed the common issue of the allowance of liberal discovery efforts as compared to fishing expeditions in the case of Bandru v. Show More Summary

PBI Article Highlights Skills Possessed by Successful Lawyers

2 weeks agoIndustries / Law : Tort Talk

Here is a LINK to an interesting article from the Pennsylvania Bar Institute's (PBI) Blog listing 17 Skills of Successful Lawyers in 2015.The article was drafted after a "town hall" meeting of lawyers from around the United States on...Show More Summary

Recurring Medicare Liens and Settlement Payment Issue Arises Again

2 weeks agoIndustries / Law : Tort Talk

In a Memorandum Opinion out of the Eastern District of Pennsylvania in Villare v. GEICO Casualty Company, NO. 14-2288 (E.D. Pa. March 24, 2015 Baylson, J.), the court addressed a Plaintiff’s Motion to Enforce Settlement Agreement where...Show More Summary

Impeachment Of Witness At Trial Not Permitted On Collateral Issues

2 weeks agoIndustries / Law : Tort Talk

Cheech and Chong In a recent detailed Order issued in the case of Detrick v. Burrus, No. 2011 CV 1333 (C.P. Lacka. Co. Feb. 23, 2015 Nealon, J.), Judge Terrence R. Nealon addressed a Motion in Limine filed by the Plaintiff in an automobile...Show More Summary

Proper Pleadings in a Federal Court Trucking Accident Case Reviewed

2 weeks agoIndustries / Law : Tort Talk

In its recent memorandum decision in the case of Gregg v. Lonestar Transportation, LLC, 2015 WL 1003911 (W.D. Pa. March 6, 2015 Gibson, J.) (mem.), the Western Federal District Court of Pennsylvania held that allegations that defendant...Show More Summary

Judge Nealon of Lackawanna County Addresses Novel Issue of Discovery in Medical Malpractice Case

2 weeks agoIndustries / Law : Tort Talk

In a recent opinion in the case of Brink v. Marian Community Hospital, No. 2013 CV 1314 (C.P. Lacka. March 27, 2015 Nealon, J.), Judge Terrence R. Nealon addressed a discovery issue of first impression in a psychiatric malpractice case. Show More Summary

Two Recent Slip and Fall Decisions Addressing Constructive Notice/Spoliation Issues

2 weeks agoIndustries / Law : Tort Talk

In Rodriguez v. Kravco Simon Co., 2015 Pa. Super. 41, 2291 EDA 2014 (Feb. 20, 2015 Strassburger, Allen, Olson, J.J.)(Op. by Strassburger, J.), the Pennsylvania Superior Court reversed the entry of summary judgment in a slip and fallShow More Summary

Request for Spoliation Sanction Due To Cell Phone Carrier's Destruction of Records Denied

2 weeks agoIndustries / Law : Tort Talk

In her recent decision in the case of Barkely v. Douglas, PICS Case No. 15-0390 (C.P. Monroe Jan. 16, 2015 Sibum, J.), Judge Jennifer Harlacher Sibum denied a Plaintiff's request for a spoliation sanction in a motor vehicle accidentShow More Summary

Photos of Area of Plaintiff's Slip and Fall on Ice Allowed Even Though Taken During Different Conditions

3 weeks agoIndustries / Law : Tort Talk

In the case of Drum v. Dental Care R.E. Partnership, PICS Case No. 15-0254 (C.P. Lycoming Feb. 6, 2015 Anderson, J.), the court addressed a Defendant’s Motion In Limine in a slip and fall case that sought to preclude the admission of...Show More Summary

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