Blog Profile / Tort Talk


URL :http://www.torttalk.com
Filed Under:Industries / Law
Posts on Regator:1363
Posts / Week:4.3
Archived Since:October 22, 2010

Blog Post Archive

Superior Court Rules That Any Trial Court Orders on Discovery Privileges Can Go Right Up the Appellate Ladder

2 days agoIndustries / Law : Tort Talk

In its recent decision in the case of Farrell v. Regola, 2016 Pa. Super. 241 (Pa. Super Nov. 8, 2016 Bowes, Jenkins, J.J.) (Op. by Bowes, J.), the Pennsylvania Superior Court reversed a trial court’s decision on an interlocutory appeal taken from a discovery order. Show More Summary

Summary Judgment Affirmed on Basis of Fitness Center's Waiver or Release Form in Slip and Fall Case

last weekIndustries / Law : Tort Talk

In its recent decision in the case of Toro v. Fitness Int’l, LLC, 2016 Pa.Super. 243 (Pa. Super. Nov. 10, 2016 Solano, Bowes, and Ott, J.J.) (Op. by Solano, J.), the Pennsylvania Superior Court affirmed the entry of summary judgment in favor of a defendant fitness center in a slip and fall case. Show More Summary

Pennsylvania Commonwealth Court Reaffirms That Heart and Lung Benefits Are Not Subject to Subrogation Under MVFRL

last weekIndustries / Law : Tort Talk

In a recent decision in the case of Pennsylvania State Police v. WCAB, No. 2426 C.D. 2015 (Pa. Cmwlth. Oct. 26, 2016), the Pennsylvania Commonwealth Court followed it prior decision in the case of Stermel v WCAB, 103 A.3d 876 (Pa. Cmwlth. Show More Summary

THANK YOU

2 weeks agoIndustries / Law : Tort Talk

SENDING THANKS TO YOU FOR READING AND SUPPORTING TORT TALK ALONG WITH BEST WISHES TO YOU AND YOURS FOR A VERY HAPPY THANKSGIVING. Dan Cummins

Issues of Corporate Negligence Addressed in Lackawanna County Nursing Home Case

2 weeks agoIndustries / Law : Tort Talk

In its recent decision in the case of Breslin v. Geisinger Mountain View Care Center, No. 2015-CV-5015 (C.P. Lacka. Co. Oct. 21, 2016 Braxton, S.J.), Senior Judge John Braxton, sitting for the Lackawanna County Court of Common Pleas, sustained several Preliminary Objections asserted by a nursing home care facility in a medical malpractice action. Show More Summary

Judge Nealon of Lackawanna County Denies Defense Motion to Seal Settlement in Med Mal Case

2 weeks agoIndustries / Law : Tort Talk

In a recent decision in the case of Vaccaro v. Scranton Quincy Hospital Company, LLC, No. 2014-CV-7675 (C.P. Lacka. Co. Nov. 18, 2016 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas denied a defense request to seal settlement records in a medical malpractice case. Show More Summary

Summary Judgment Granted in Federal Eastern District of Pennsylvania Slip and Fall Case

2 weeks agoIndustries / Law : Tort Talk

In the case of Breen v. Millard Group, Inc., No. 2:13-CV-06926 (E.D. Pa. Nov. 9, 2016 DuBois, J.), the Eastern District Federal Court granted a Motion for Summary Judgment in a slip and fall case. In this matter, the court found that the Plaintiff had no evidence as to the cause or origin of the spilled liquid. Show More Summary

Motion To Sever/Stay Bad Faith Part of UIM/Bad Faith Claim Granted in Allegheny County

3 weeks agoIndustries / Law : Tort Talk

In a recent decision by Order only out of the Allegheny County Court of Common Pleas, Nebel v. Encompass Home and Auto Insurance Company, No. GD-15-015891 (C.P. Allegh. Co. Oct. 6, 2016 Folino, J.), the court granted a Defendant’s Motion...Show More Summary

LINK to Complimentary Copy of the TORT TALK 2016 CIVIL LITIGATION UPDATE

3 weeks agoIndustries / Law : Tort Talk

Here is a LINK to a complimentary copy of the 60 page Tort Talk 2016 Civil Litigation Update booklet that I created for use at the recent Lackawanna Bench Bar Conference as well as the Luzerne County Bench Bar Conference.The Tort Talk...Show More Summary

Superior Court Addresses Procedural Impact of Death of Defendant Before Case Filed (Non-Precedential)

4 weeks agoIndustries / Law : Tort Talk

In the non-precedential decision of Vincigueria v. Tunstall, No. 403 WDA 2016 (Pa. Super. Sept. 23, 2016 Lazarus, Olson, Platt, JJ.) (Mem. Op. Platt, J.), the Pennsylvania Superior Court found that a trial court properly dismissed aShow More Summary

Superior Court Addresses Procedural Issues With Death of a Defendant During Pendency of Litigation

4 weeks agoIndustries / Law : Tort Talk

In its recent September 28, 2016 decision in the case of Grimm v. Grimm, No. 2016 Pa. Super. 217, 915 W.D.A. 2015 (Pa. Super. Sept. 28, 2016 Olson, Stabile, and Musmanno, J.J.) (Mem. Op. by Olson, J.), Pennsylvania Superior Court addressed...Show More Summary

Judge Zulick Weighs Plaintiff's Right to Ongoing Discovery Against Defendants Facing Criminal Charges in Companion Case

last monthIndustries / Law : Tort Talk

In his recent decision in the case of Liu v. Pi Delta PSI Fraternity, Inc., 302-CV-2015 (C.P. Monroe Co. Aug. 22, 2016 Zulick, J.), Judge Arthur L. Zulick reviewed the law surrounding a Motion to Stay a civil litigation matter pending the disposition of criminal charges asserted against the Defendants in a companion case. Show More Summary

Judge Nealon of Lackawanna County Addresses Admissibility of Affordable Care Act to Challenge Claim of Future Medical Expenses in a Malpractice Action

last monthIndustries / Law : Tort Talk

In his recent decision in the case of Vaccaro v. Scranton Quincy Hospital Company, LLC, No. 2014-CV-7675 (C.P. Lacka. Co. Oct. 24, 2016 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas addressed the...Show More Summary

Assault and Battery Exclusion Upheld to Preclude Coverage in a Shooting Case

last monthIndustries / Law : Tort Talk

In its recent decision in the case of QBE Ins. Corp. v. Walters, (Pa. Super. Sept. 9, 2016) (Op. by Bowes, J.), the Pennsylvania Superior Court affirmed a trial court’s entry of summary judgment in favor of an insurance company in aShow More Summary

Preliminary Objections Based on Lack of Timely Service of Process Sustained

last monthIndustries / Law : Tort Talk

In the Berks County case of Wilkinson v. Miller, 108 Berks 312 (C.P. Berks Co. 2016), the court sustained Preliminary Objections in a case where the Writ of Summons was filed before the expiration of the applicable statute of limitations...Show More Summary

Judge Nealon of Lackawanna County Grants Motion for Coordination of Actions Arising Out of Same Accident But Filed in Separate Counties

last monthIndustries / Law : Tort Talk

In his recent decision in the case of Rogers v. Thomas, No. 12-CV-1464 (C.P. Lacka. Co. Oct. 21, 2016 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas granted a Motion to Coordinate two actions filed...Show More Summary

Federal Middle District Court Judge James M. Munley Grants Offensive Motion for Summary Judgment Filed by Plaintiff on Liability in Car Accident Case

last monthIndustries / Law : Tort Talk

In the case of Broe v. Manns, No. 3:15-cv-985 (M.D. Pa. Sept. 27, 2016 Munley, J.), Judge James M. Munley of the United States District Court for the Middle District of Pennsylvania granted an offensive Motion for Summary Judgment filed by the Plaintiffs on the issue of liability in a motor vehicle accident case. Show More Summary

Judge Brann Applies Iqbal/Twombly Motion to Dismiss Standard of Review

2 months agoIndustries / Law : Tort Talk

In the case of Long v. Hartford Life and Accident Insurance Co., No. 4:16-CV-00138 (M.D. Pa. Aug. 29, 2016 Brann, J.), Judge Matthew W. Brann of the Middle District of Pennsylvania thoroughly reviewed the current status of the Iqbal/Twombly...Show More Summary

SAVE THE DATE: Lackawanna Pro Bono Gala - October 27, 2016

2 months agoIndustries / Law : Tort Talk

The Lackawanna Pro Bono Gala is set to take place at the Scranton Cultural Center Ballroom on October 27, 2016 from 6:30 pm - 8:30 pm. RSVP by October 20, 2016.Program Book Ad opportunities are available with an Ad deadline of October...Show More Summary

Failure To Specify Location of Fall Leads to Summary Judgment

2 months agoIndustries / Law : Tort Talk

In the case of White v. Seherlis, August Term 2014, No. 2511 (C.P. Phila. Co. July 8, 2016 Sarmina, J.), the court entered summary judgment in favor of a Defendant in a case in which the Plaintiff failed to precisely designate the location where she allegedly slip and fell on an allegedly icy, unshoveled sidewalk. Show More Summary

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