Blog Profile / Tort Talk


URL :http://www.torttalk.com
Filed Under:Industries / Law
Posts on Regator:1511
Posts / Week:4.2
Archived Since:October 22, 2010

Blog Post Archive

Landlord Not Liable for Criminal Acts Off the Leased Premises

last weekIndustries / Law : Tort Talk

In the case of Bonacci v. Pal, No. 2015-CV-4501 (C.P. Lacka. Co. Aug. 25, 2017 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas granted a residential landowner’s demurrer in a wrongful death case on...Show More Summary

CUMMINS MEDIATION SERVICES

last weekIndustries / Law : Tort Talk

After realizing recent successes in bringing personal injury civil litigation cases to an amicable resolution while serving as a Federal Court Mediator for the Middle District, I wish to offer my services for private non-binding Mediations. Show More Summary

Summary Judgment Granted in Bad Faith Claim Where Delays in Claims Process Caused, In Part, by Insured

last weekIndustries / Law : Tort Talk

In the bad faith decision of Doherty v. Allstate Indem. Co., No. 15-05165 (E.D. Pa. April 6, 2017 Pappert, J.), the court granted the carrier summary judgment in a claim arising out of allegations of poor investigation and claims handling by the carrier. Show More Summary

Eastern Federal District Court Denies Motion to Bifurcate Bad Faith Claim from UIM Breach of Contract Claim

last weekIndustries / Law : Tort Talk

In the case of Jones-Silverman v. Allstate Fire & Casualty Ins. Co., No. 17-1711 (E.D. Pa. July 31, 2017 Baylson, J.), the Eastern District Federal Court denied a carrier’s Motion to Bifurcate a Plaintiff’s UIM breach of contract and bad faith claims. Show More Summary

Several Medical Malpractice Issues Addressed by Judge Nealon of Lackawanna County

2 weeks agoIndustries / Law : Tort Talk

In the case of Hughes v. Wilkes-Barre Hospital Company, N. 2016-CV-6463 (C.P. Lacka. Co. Aug. 14, 2017 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas addressed several issues in a medical malpractice...Show More Summary

Pennsylvania Superior Court Addresses Several Notable Trial Evidentiary Issues

2 weeks agoIndustries / Law : Tort Talk

In the case of Crespo v. Hughes, 2017 Pa. Super. 230 (Pa. Super. July 18, 2017 Ransom, Penella, Shogan, J.J.) (Op. by Ransom, J.), the Pennsylvania Superior Court addressed several civil litigation trial issues. In this decision, the...Show More Summary

TORT TALK PRACTICE TIP

3 weeks agoIndustries / Law : Tort Talk

KEEP YOUR FRIENDS CLOSE, BUT YOUR ENEMIES CLOSER No advice may be as difficult to heed than the caution to keep your enemies or adversaries close. One way to deal with such "enemies," or all adversaries for that matter, is to keep them close by knowing the facts and the law of the case better than your adversary does. Show More Summary

Pennsylvania Superior Court's Latest Take on the Attorney Work Product Doctrine

3 weeks agoIndustries / Law : Tort Talk

In the case of Estate of Paterno v. NCAA, 2017 Pa. Super. 247 (Pa. Super. July 25, 2017 Stabile, Panella, Dubow, J.J.) (Op. by Stabile, J.), the Pennsylvania Superior Court addressed the attorney work product doctrine. In a decisionShow More Summary

Pennsylvania Superior Court's Latest Take on Lamp v. Heyman Service of Process Issues (Non-Precedential)

4 weeks agoIndustries / Law : Tort Talk

In its recent non-precedential decision in the case of Nicolas v. Zolner, No. 1261 MDA 2016 (Pa. Super. Aug. 15, 2017 Moulton, Solano & Musmanno, J.J.) (Mem. Op. by Musmanno, J.), the court provided its latest take on the Lamp v. Heyman line of cases pertaining to proper service of original process in a civil litigation matter. Show More Summary

Nomination Period Open for 2017 Best Legal Blog Contest Run by the Expert Institute

last monthIndustries / Law : Tort Talk

If you are interested, here is a LINK to the webpage to nominate blogs for the 2017 Best Legal Blog Contest put on by the Expert Institute.

Pennsylvania Supreme Court to Address Impact of Facebook Posts on Discovery Rule Related to Statute of Limitations

last monthIndustries / Law : Tort Talk

In the case of Nicolaou v. Martin, No. 58 MAL 2017 (Pa. Aug. 18, 2017), the Pennsylvania Supreme Court has issued an Order agreeing to hear the appeal of a woman whose case against medical providers over an alleged misdiagnosis of her...Show More Summary

PA Superior Court Finds Attorney Client Privilege Waived With Regards to Communications With Outside Public Relations Firm

last monthIndustries / Law : Tort Talk

In the case of BouSamra v. Excela Health, 2017 Pa. Super. 235 (Pa. Super. July 19, 2017 Bowes, Stabile, Musmanno, J.J.) (Op. by Bowes, J.), the Pennsylvania Superior Court affirmed the trial court's ruling that a defendant corporation...Show More Summary

Post-Koken Decision Out of Armstrong County in Favor of Consolidation of Claims -- Court Notes Still No Clear Appellate Precedent on this Issue

last monthIndustries / Law : Tort Talk

In a case of apparent first impression in Armstrong County, the court in the Post-Koken case of Stennett v. Religa and Erie Ins. Exchange, No. 2017-0491-Civil (C.P. Armstrong Co. July 24, 2017 Panchik, J.) denied a tortfeasor defendant's...Show More Summary

TORT TALK PRACTICE TIP

last monthIndustries / Law : Tort Talk

BE REDUNDANT IN STATING YOUR LEGAL POSITION IN BRIEFS While redundancy in particular word use is to be avoided in brief writing, every effort should be made to repeatedly state the validity of your legal ­position supporting the relief requested. Show More Summary

Twombly/Iqbal Standards Applied to Dismiss Bad Faith Complaint

last monthIndustries / Law : Tort Talk

In the recent Eastern Federal District Court of Pennsylvania case of Jones v. Allstate, No. 17-00648 (E.D. Pa. June 19, 2017 Pappert, J.), the Court applied the mandates of Twombly/Iqbal in granting the carrier's motion to dismiss the Plaintiff's bad faith claim filed against Allstate in a motor vehicle accident case. Show More Summary

Pennsylvania Supreme Court Agrees to Hear Household Exclusion and Stacking Issues Case

2 months agoIndustries / Law : Tort Talk

In the case of Gallagher v. Geico Indemnity, No. 87 WAL 2017 (Pa. Aug. 8, 2017), the Pennsylvania Supreme Court granted an appeal to address issues pertaining to a household exclusion and stacking issues. The Court's Order granting the appeal reads, as follows: AND NOW, this 8th day of August, 2017, the Petition for Allowance of Appeal is GRANTED. Show More Summary

Landlord Secures Summary Judgment In Slip and Fall Case Where Court Found Duties Owed by Tenant

2 months agoIndustries / Law : Tort Talk

In a recent decision by the Pennsylvania Commonwealth Court in the case of Stuski v. Philadelphia Auth. 4 Indev., No. 1979 C.D. 2016 (Pa. Cmwlth. May 25, 2017 Covey, J.), summary judgment was affirmed in favor of a landlord Defendant in a slip and fall matter. Show More Summary

TORT TALK PRACTICE TIP

2 months agoIndustries / Law : Tort Talk

AT TRIAL, KEEP A SEPARATE PAD TO RECORD OBJECTIONS To ease the review of the file for appellate purposes after the trial is completed, keep a separate yellow pad listing all objections you have asserted and lost.Prior to trial, start...Show More Summary

Liability Case Allowed To Proceed Against Defendant Who Filed Chapter 7 Bankruptcy - PART II

2 months agoIndustries / Law : Tort Talk

Tort Talkers may recall a recent post on the Bankruptcy Court case of In re Betty L. Morris addressing the ability of a Plaintiff to move a personal injury case forward against a tortfeasor who is in bankruptcy where the Plaintiff agrees to limit the recovery to the amount of the liability limits available. Show More Summary

Court Rules That Rejection of UIM Coverage Forms Not Required Where Vehicle Not Insured for Liability

2 months agoIndustries / Law : Tort Talk

In the case of Baldridge v. Amica Mut. Ins. Co., No. 2:17-cv-00273-AJS (W.D. Pa. June 30, 2017 Schwab, J.), the Federal Western District Court of Pennsylvania addressed the issue of whether underinsured motorist coverage was available to the Plaintiff for stacking purposes on one of his four personal vehicles which the Defendant insured. Show More Summary

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