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Blog Profile / Tort Talk


URL :http://www.torttalk.com
Filed Under:Industries / Law
Posts on Regator:1075
Posts / Week:4.9
Archived Since:October 22, 2010

Blog Post Archive

First Manifiestation Rule of Insurance Coverage vs. Multiple Trigger Theory of Liability Insurance Addressed by Pennsylvania Supreme Court

3 days agoIndustries / Law : Tort Talk

In its recent December 15, 2014 Opinion in the case of Penn Nat'l. Mut. Cas. v. St. John, 86 MAP 2012 (Pa. Dec. 15, 2014)(Op. by Baer, J.)(Dissenting Op. by Saylor, J.), the Pennsylvania Supreme Court reviewed the applicability of the...Show More Summary

The Pennsylvania Supreme Court Analyzes the Gist of the Action Doctrine and The Certificate of Merit Rules

4 days agoIndustries / Law : Tort Talk

In a wordy December 15, 2014 decision in the homeowner's insurance contract dispute case of Bruno v. Erie Insurance, No. 25 WAP 2013 (Pa. Dec. 15, 2014)(Op. by Todd, J.) (Concurring Op. by Eakin, J.), the Pennsylvania Supreme Court offered...Show More Summary

THANKS AND BEST WISHES FOR THE HOLIDAYS TO YOU

last weekIndustries / Law : Tort Talk

HAPPY HOLIDAYS FROM TORT TALK.COM (i.e., DAN CUMMINS) [THANKS FOR YOUR READERSHIP AND SUPPORT.] Source of image : www.blakedorsten.com ? ?

"Did Your Attorney Refer You to that Doctor?"

last weekIndustries / Law : Tort Talk

A Dynamic Duo(Could be on either side of the bar) In a recent Delaware County Court of Common Pleas decision in the case of English v. Stepchin, No. CP-23-CV-786-2014, 101 Del. 424 (C.P. Del. Co. Nov. 12, 2014 Kenney, P.J.), President Judge Chad F. Show More Summary

PA Supreme Court Upholds Assignment of Rights in Excess Bad Faith Claims

last weekIndustries / Law : Tort Talk

Tort Talkers may recall previous posts on the case of Allstate Ins. Co. v. Wolfe, in which the Pennsylvania Supreme Court accepted an issue to review on certification of a matter from the U.S. Third Circuit Court of Appeals who was seeking...Show More Summary

Dated UIM Rejection Form Signed by Insured Valid Even Though Insured Was Not the One Who Dated It

last weekIndustries / Law : Tort Talk

Can't Go For That In a December 10, 2014 Memorandum Opinion out of the Federal District Court for the Eastern District of Pennsylvania in the case of Lieb v. Allstate Prop. And Cas. Ins. Co., NO. 14-4225 (E.D. Pa. Dec. 10, 2014 Rufe,...Show More Summary

Year-End Pennsylvania Civil Litigation Reveiw Article

2 weeks agoIndustries / Law : Tort Talk

The below article of mine is an updated version of a year-end review article (with its original title) that was published in the November 25, 2014 edition of the Pennsylvania Law Weekly and is republished here with permission from the...Show More Summary

Another Appellate Criminal Court Decision With Civil Litigation Implications: A Question Can Be a Hearsay 'Statement'

2 weeks agoIndustries / Law : Tort Talk

The Pennsylvania Superior Court has handed down a criminal court decision which could have implications in the trial of a civil litigation matter. In a case of first impression entitled Commonwealth v. Parker, 2014 Pa. Super. 253, No. Show More Summary

Another Recent Lamp v. Heyman Service of Process Case

2 weeks agoIndustries / Law : Tort Talk

In his recent decision in the case of Fritzinger v. Duhart, PICS Case No. 14-1850 (C.P. Monroe Co. Nov. 6, 2014 Zulick, J.), Judge Arthur Zulick of the Monroe County Court of Common Pleas granted a Defendant’s Preliminary ObjectionsShow More Summary

Preliminary Objections Granted for Failure of Good Faith Effort to Serve Writ

3 weeks agoIndustries / Law : Tort Talk

The law pertaining to perfecting service upon a Defendant in a personal injury slip and fall matter was recently discussed in the Lehigh County case of Parsons v. Rose Valley Partnership, Inc., PICS Case No. 14-1715 (C.P. Lehigh Co. Oct. Show More Summary

LINK To Written Materials From Bad Faith Presentation at 21st Annual Auto Law CLE for PBI

3 weeks agoIndustries / Law : Tort Talk

Here is a LINK to my written materials entitled "The Latest in Bad Faith" prepared for, and presented at, the recent 21st Annual Auto Law Update CLE Seminar for the PBI in Mechanicsburg, PA in October.

ARTICLE: 'Tis the Season to Be Civil: Lessons from 'A Chrstimas Story'

3 weeks agoIndustries / Law : Tort Talk

The below article of mine recently appeared in the November/December edition of the Pennsylvania Lawyer Magazine and is republished here with permission. Hope you enjoy it: 'Tis the Season to Be Civil Lessons from 'A Christmas Story' by Daniel E. Show More Summary

THANKS FOR READING TORT TALK

4 weeks agoIndustries / Law : Tort Talk

I am grateful for your support of Tort Talk. Thanks very much.

Interesting Legal Intelligencer Article on the Future of Products Liability in PA in Light of Tincher

last monthIndustries / Law : Tort Talk

Here is a LINK to a November 25, 2014 article by Max Mitchell of The Legal Intelligencer entitled "Products Liability Cases in Pa. Face an Uncertain Road."The article outlines the grey areas in the future of Pennsylvania products liability law in light of the Pennsylvania Supreme Court's recent decision in Tincher. Show More Summary

Intermediate Form of Indemnity Agreement in Contractor-Subcontractor Construction Agreement Found

last monthIndustries / Law : Tort Talk

In its recent unpublished "non-precedential" decision in the construction accident case of Bracken v. Burchick Construction, 1432 WDA 2012 (Pa. Super. Oct. 10, 2014 Panella, J.), the Pennsylvania Superior Court found that language used...Show More Summary

Pennsylvania Supreme Court Upholds Constitutionality of Statutory Caps in Context of Tort Claims Act

last monthIndustries / Law : Tort Talk

In another notable decision, this time in the case of Zauflik v. Pennsbury School District, 1 MAP 2014 (Pa. Nov. 19, 2014 ), the Pennsylvania Supreme Court upheld the constitutionality of the $500,000 statutory cap on tort claim recoveries against local governmental agencies under the Tort Claims Act, 42 Pa.C.S.A. Show More Summary

Pennsylvania Supreme Court Issues Tincher Decision: Declines to Adopt Restatement Third for Products Cases

last monthIndustries / Law : Tort Talk

The Pennsylvania Supreme Court has released its much anticipated products liability decision in Tincher v. Omega Flex, Inc., No. 17 MAP 2013 (Pa. Nov. 19, 2014 Castille, C.J.)When the Court accepted the appeal in Tincher it defined the...Show More Summary

Prior Worker's Comp Award Collaterally Estops Plaintiff From Expanding Claims of Injuries in Companion Civil Lawsuit

last monthIndustries / Law : Tort Talk

Only one bite at the apple. In his recent decision in the case of McConnell v. Delprincipe, PICS Case No. 14-1674 (C.P. Lawrence Co. Oct. 2, 2014 Cox, J.), Judge J. Craig Cox of the Lawrence County Court of Common Pleas ruled that the...Show More Summary

Monumental Opinion on Post-Koken Trial Jury Instructions From Judge Terrence R. Nealon of Lackawanna County

last monthIndustries / Law : Tort Talk

In his recent decision in the case of Moritz v. Horceman Insurance, 2014 WL 5817681, No. 2013-CV-544 (C.P. Lacka. Co. Nov. 10, 2014 Nealon, J.), Judge Terrence R. Nealon addressed important issues with respect to a post-Koken automobile accident matter that is headed towards trial. Show More Summary

Supreme Court's Revised Forum Non Conveniens Standard Utilized by Superior Court for First Time

last monthIndustries / Law : Tort Talk

In its recent decision in the case of Lee v. Bower Lewis Thrower Architects, 2014 Pa.Super. 240 (Pa. Super. Oct. 22, 2014 Gantman, P.J., Bender, P.J.E., and Platt, J.)(Op. by Gantman, P.J.), the Pennsylvania Superior Court upheld a Philadelphia...Show More Summary

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