Blog Profile / Tort Talk


URL :http://www.torttalk.com
Filed Under:Industries / Law
Posts on Regator:1200
Posts / Week:4.3
Archived Since:October 22, 2010

Blog Post Archive

Federal Middle District Magistrate Mehalchick Addresses Spoliation of Evidence Issues in Slip and Fall Case

2 days agoIndustries / Law : Tort Talk

In her recent decision in the case of Mack v. Pilot Travel Centers, LLC, 1:14-CV-00090 (MD Pa. Dec. 22, 2015 Mehalchick, M.J.), Magistrate Judge Karoline Mehalchick denied a Plaintiff’s Motion for Summary Judgment under a rationale,Show More Summary

Judge Gibbons Grants Summary Judgment Based on Waiver Form and Assumption of Risk in Football Injury Case

5 days agoIndustries / Law : Tort Talk

With the Super Bowl on the horizon comes the case of first impression of Feleccia v. Lackawanna Coll., No. 12-CV-1960, 2016 WL 409711 (C.P. Lacka. Co. Feb. 2, 2016 Gibbons, J.), in which Judge James A. Gibbons of the Lackawanna County...Show More Summary

Pennsylvania Superior Court Revisits Forum Non Conveniens Doctrine

5 days agoIndustries / Law : Tort Talk

In its recent decision in the case of Fessler v. Watchtower Bible & Tract Society, Inc., 2015 Pa. Super. 274 (Pa. Super. Dec. 30, 2015 Jenkins, Mundy, Fitzgerald, J.J.)(Op. by Jenkins, J.), the Pennsylvania Superior Court addressed current...Show More Summary

Summary Judgment Granted In Slip and Fall Case Based Upon Assumption of Risk Defense

5 days agoIndustries / Law : Tort Talk

In the recent decision of Denzel v. Fed. Cleaning Contractors, Inc., PICS Case No. 16-0056 (C.P. Lehigh Co. Oct. 22, 2015 Varricchio, J.), the Lehigh County Court of Common Pleas ruled that, while Defendant-mall owners and managers owed...Show More Summary

Judge Nealon of Lackawanna County Grants Request for Discontinuance in Favor of One Defendant in a Case Not Entirely Resolved

last weekIndustries / Law : Tort Talk

In his recent January 19, 2016 Opinion in the case of Lapinski v. Schiowitz, No. 2009-CV-4287 (C.P. Lacka. Co. Jan. 19, 2016 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas addressed the issue ofShow More Summary

Supreme Court to Decide Post-Tincher Issue of Whether "Unreasonably Dangerous" Standard Applies in Failure-To-Warn Cases

last weekIndustries / Law : Tort Talk

In an Order hnaded down by the Pennsylvania Supreme Court dated February 1, 2016 in the case of Vinciguerra v. Bayer Cropscience, Inc., 447 EAL 2015 (Pa. Feb. 1, 2016), the Court agreed to address the following Post-Tincher issue in products liability cases: "Whether, under the Court’s recent decision in Tincher v. Show More Summary

Ability of Parent To Recover Damages In Own Right Where Child Injured In MVA

last weekIndustries / Law : Tort Talk

A common question in automobile accident personal injury matters is to what extent a parent can recover damages in a case where claims are pursued on behalf of a minor Plaintiff. This issue was addressed in a recent decision by Lycoming County Court of Common Pleas Judge Richard A. Show More Summary

Impact of Waivers Executed By Decedent in Wrongful Death Claims Revisited by Superior Court

last weekIndustries / Law : Tort Talk

In its recent decision in the case of Valentino v. Philadelphia Triathlon, LLC, No. 3049 EDA 2013 (Pa. Super. Dec. 30, 2015 Ford Elliot, P.J.E., Olson, and Wecht, JJ.) (Opinion by Ford Elliot, P.J.E.), the Pennsylvania Superior Court addressed issues surrounding waiver or release forms as applied to wrongful death claims. Show More Summary

Governor Wolf Plans to Fill Appellate Court Vacancies

last weekIndustries / Law : Tort Talk

According to an announcement issued by Governor Tom Wolf found HERE, the Governor is seeking applicants to fill vacancies on an interim basis on both the Pennsylvania Superior Court and the Commonwealth Court.

Waiver Form Signed by Plaintiff At Gym Upheld as Support For Summary Judgment

last weekIndustries / Law : Tort Talk

In the case of Hinkal v. Gavin Pardo & Gold’s Gym, Inc., No. 165 MDA 2014, 2016 Pa. Super. 11 (Pa. Super. Jan. 22, 2016) (en banc) (Op. by Stabile, J.), the Pennsylvania Superior Court affirmed a trial court’s entry of summary judgment...Show More Summary

Judge Minora of Lackawanna County Reviews Jury Selection Issues

last weekIndustries / Law : Tort Talk

In his recent decision in the case of Yaduouga v. Denis, et.al., No. 2009-CIV-53 (C.P. Lacka. Co. Dec. 10, 2015 Minora, J.), Judge Carmen D. Minora of the Lackawanna County Court of Common Pleas addressed various issues raised by a Plaintiff in a Motion for Post-Trial Relief following a medical malpractice case. Show More Summary

Recent Medical Malpractice Decision of Note by Judge Terrence R. Nealon Reviewed in The National Law Review

2 weeks agoIndustries / Law : Tort Talk

The Vaccaro v. Scranton Quincy Hospital decision regarding discovery of internal hospital documents in a medical malpractice case issued by Judge Terrence R Nealon of the Lackawanna County Court of Common Pleas which was the subject of a December 17, 2015 post here on the Tort Talk Blog has also been reviewed by The National Law Review. Show More Summary

Interesting and Helpful Article Regarding Handling of Law Firm's IOLTA Account

2 weeks agoIndustries / Law : Tort Talk

Here is a LINK to an interesting and helpful January 21, 2016 article on handling IOLTA accounts entitled "5 Tips for Attorneys to Avoid Suspension" from the Case Funding Blog.

Lancaster County Decision on Cell Phone/Punitive Damages Pleading Issue

2 weeks agoIndustries / Law : Tort Talk

Another Opinion has been uncovered in which a court has found that allegations of cell phone usage alone are insufficient, without more, in a motor vehicle accident case to support a claim for punitive damages. This decision was rendered by Judge Joseph C. Show More Summary

Judge Nealon of Lackawanna Addresses Parameters of Discovery of a Defendant Doctor's Opinions in a Med Mal Case

2 weeks agoIndustries / Law : Tort Talk

In his recent decision in the case of Karim v. Reedy, No. 2011-CV-4598 (C.P. Lacka. Co. Jan. 11, 2016 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas addressed discovery issues pertaining to the parameters of a deposition of a Defendant doctor and a Defendant hospital’s nurse. Show More Summary

Commonwealth Court Affirms Entry of Summary Judgment In Favor of Municipal Defendant Under Hills and Ridges Doctrine and Tort Claims Act

3 weeks agoIndustries / Law : Tort Talk

In its recent decision in the case of Moon v. Dauphin County, PICS Case No. 15-1832 (Pa. Cmwlth. Dec. 10, 2015 Covey, J.), the Pennsylvania Commonwealth Court granted a Defendant County's Motion for Summary Judgment in a slip and fall case. Show More Summary

Pennsylvania Superior Court Addresses Exception to Hills and Ridges Doctrine

3 weeks agoIndustries / Law : Tort Talk

In its recent non-precedential Memorandum Opinion in the case of Magaskie v. WaWa, Inc., PICS Case No. 15-1877 (Pa. Super. Dec. 10, 2015 Gantman, J.)(mem. op.), the Pennsylvania Superior Court affirmed the entry of summary judgment under the Hills and Ridges Doctrine. Show More Summary

Post-Koken Severance and Stay of Bad Faith Claim Decision Out of Philadelphia

3 weeks agoIndustries / Law : Tort Talk

In a January 7, 2016 Order without Opinion in the case of Arabatlian v. American Southern Insurance Company¸ Feb. term, 2015, No. 3325, Commerce Program, Control No: 15112981 (C.P. Phila. Co. Jan. 6, 2016 McInerney, J.), Judge McInerney...Show More Summary

Judge Minora of Lackawanna County Addresses Bad Faith Discovery and Severance Requests in a Non-Post-Koken Case

3 weeks agoIndustries / Law : Tort Talk

In the case of Custom Designs and Manufacturing Company, Inc. v. Atlantic States Insurance Company, No. 2006-CV-2790 (C.P. Lacka. Co. Dec. 4, 2015 Minora, J.), Judge Carmen D. Minora of the Lackawanna County Court of Common Pleas denied...Show More Summary

Judge Polachek-Gartley of Luzerne County Denies UIM Carrier's Preliminary Objections in Post-Koken Case Involving an Alleged DUI Tortfeasor Defendant

4 weeks agoIndustries / Law : Tort Talk

In a recent Order without Opinion in the case of Baldinucci v. Purcell and State Farm Mut. Auto. Ins. Co., No. 2015-Civil-7972 (C.P. Luz. Co. Dec. 18, 2015 Polachek-Gartley, J.), Judge Tina Polachek-Gartley of the Luzerne County Court...Show More Summary

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