Blog Profile / Tort Talk


URL :http://www.torttalk.com
Filed Under:Industries / Law
Posts on Regator:1604
Posts / Week:4.2
Archived Since:October 22, 2010

Blog Post Archive

Measure of Damages for Commercial Tort of Breach of Fiduciary Duty in Financial Conversion Case

2 days agoIndustries / Law : Tort Talk

In the case of Arvonio v. PNC Fiinancial Services Group, Inc., No. 11 CV 478 (C.P. Lacka. Co. Feb. 14, 2018 Nealon, J.), the court reviewed a case involving commercial torts including breach of a fiduciary duty in a financial conversion...Show More Summary

Pennsylvania Supreme Court Reviews Collateral Order Doctrine for Appeals

2 days agoIndustries / Law : Tort Talk

Roadblock to the Appellate Ladder Tort Talkers may recall prior posts on the Lebanon County case of Shearer v. Hafer pertaining to whether a Plaintiff is entitle to have a representative present during portions of a neuropsychological IME. Show More Summary

Mock Trial Jurors Needed for Final Trial in Lackawanna County District Tournament

2 days agoIndustries / Law : Tort Talk

The High School Mock Trial Competition is continuing in counties across the Commonwealth. Please consider serving as a Juror in your County's Competition to score the high school students competing in the tournament as attorneys and witnesses. Show More Summary

Punitive Damages Claim Allowed to Proceed in Trucking Accident Case

3 days agoIndustries / Law : Tort Talk

In the case of Gaffin v. Walker, No. 7974-CV-2017 (C.P. Monroe Co. Jan. 30, 2018 Williamson, J.), Judge David J. Williamson of the Monroe County Court of Common Pleas overruled a trucking Defendant’s Preliminary Objections to a Plaintiff’s Complaint with respect to punitive damages alleged based upon a rear-end motor vehicle accident. Show More Summary

Allegations of Recklessness and Punitive Damages Allowed to Proceed in Trucking Accident Case

3 days agoIndustries / Law : Tort Talk

In the Schuylkill County Court of Common Pleas case of Rosencrance v. Smith, No. S-1535-2017 (C.P. Schuylkill Co. Jan. 19, 2018 Domalakes, J.), the court denied a Defendant's Preliminary Objections to allegations of recklessness and the request for punitive damages in a rear end trucking accident case. Show More Summary

Supreme Court Reverses Law and Rules that PennDOT Not Immune From Suit For Negligent Installation of Guiderail

4 days agoIndustries / Law : Tort Talk

In the case of Cagey v. PennDOT, No. 36 WAP 2016 (Pa. Feb. 21, 2018)(Maj. Op. by Donohue, J.), handed down by the Pennsylvania Supreme Court yesterday, the Court expressly overruled Fagen and its progeny and held that PennDOT is only immune when it fails to install a guardrail. Show More Summary

Choice of Law Analysis Reviewed by Western Federal District Court of Pennsylvania

4 days agoIndustries / Law : Tort Talk

In the case of Alley v. MTD Products, Inc., No. 3: 17-CV-3 (W.D. Pa. Dec. 20, 2017 Gibson, J.), the court denied summary judgment filed by the Defendant in this products liability case involving alleged injuries from a snowblower. This...Show More Summary

Pennsylvania Eastern District Federal Court Rules That New Stacking Forms Required Whenever Higher Limits of UM/UIM Benefits Purchased (Mem. Op.)

5 days agoIndustries / Law : Tort Talk

In the case of Barnard v. The Travelers Home and Marine Ins. Co., No. 17-00290 (E.D. Pa. Feb. 5, 2018 McHugh, J.) (Mem. Op.), the court addressed the issue of whether a carrier was required to obtain an additional written waiver of stacking...Show More Summary

Class Two Insured Not Permitted to Stack UIM Limits Under Employer's Fleet Policy

5 days agoIndustries / Law : Tort Talk

Tort Talkers may recall the prior blog post on the case of Selective Insurance of South Carolina v. Koons-Gill, No. 13-CV-6415 (C.P. Lacka. Co. Dec. 14, 2016 Nealon, J.), in which Judge Terrence R. Nealon of the Lackawanna County Court...Show More Summary

Tincher Decision Revisited by Pennsylvania Superior Court

5 days agoIndustries / Law : Tort Talk

The courts of Pennsylvania continue attempt to move forward in the post-Tincher world of products liability cases, including in the actual Tincher case. On remand from the Pennsylvania Supreme Court, the trial judge in the actual Tinchercase denied any relief to the defense. Show More Summary

Motion to Coordinate Post-Koken Actions Pending In Separate Counties Into One County Granted

last weekIndustries / Law : Tort Talk

In his recent decision in the case of Grimes v. Velez, No. 2016-CV-4071 (C.P. Lacka. Co. Jan. 22, 2018 Gibbons, J.), Judge James A. Gibbons of the Lackawanna County Court of Common Pleas granted a Plaintiff’s Motion to Coordinate separate motor vehicle accident litigations filed in separate counties. Show More Summary

Mock Trial Jurors Needed for Semi-Final Round

last weekIndustries / Law : Tort Talk

The High School Mock Trial Competition is continuing in counties across the Commonwealth. Please consider serving as a Juror in your County's Competition to score the high school students competing in the tournament as attorneys and witnesses. Show More Summary

ARTICLE: SPREAD A LITTLE LOVE

last weekIndustries / Law : Tort Talk

In honor of Valentine's Day, I figured I would re-run the below article of mine that previously appeared in the January 25, 2010 edition of the Pennsylvania Law Weekly,(c) 2009 Incisive Media US Properties, LLC (now known as American...Show More Summary

ERISA Plan Precluded From Pursuing Recovery From Third Party Settlement Due to Delay

last weekIndustries / Law : Tort Talk

In the case of Carpenter Technology Corp. v. Weida, 2018 W.L. 398297 (E.D. Pa. Jan. 11, 2018 Stengel, C.J.) (Mem. Op.), the court granted a Defendant’s Motion to Dismiss the Plaintiff’s action for equitable relief to enforce the terms...Show More Summary

Update on Gallatin v. Garguilo Text Sender Liability Case

last weekIndustries / Law : Tort Talk

A recent update was provided on the Lawrence County case of Gallatin v. Gargiulo (C.P. Lawrence Co., 2016 Hodge, J.), in which that trial court allowed a lawsuit to proceed beyond the pleadings stage against a man who had texted a driver...Show More Summary

Superior Court Confirms that Fair Share Act Applies in Products Liability Cases

last weekIndustries / Law : Tort Talk

In the Asbestos litigation case of Roverano v. John Crane, Inc., et al., No. 2837 EDA 2017 (Pa.Super. Dec. 27, 2017), the Pennsylvania Supreme Court clarified that the Fair Share Act applies to products liability cases.The court rejected...Show More Summary

MOCK TRIAL JURORS NEEDED - CAN YOU HELP?

2 weeks agoIndustries / Law : Tort Talk

The High School Mock Trial Competition is continuing in counties across the Commonwealth. Please consider serving as a Juror in your County's Competition to score the high school students competing in the tournament as attorneys and witnesses. Show More Summary

Judge Gelb Addresses Issue of Apparent First Impression Relative to Umbrella Policy

2 weeks agoIndustries / Law : Tort Talk

In the case of Charles v. USAA, No. 7106 - CV - 2016 (C.P. Luz. Co. March 3, 2017 Gelb, J.), Judge Lesa Gelb of the Luzerne County Court of Common Pleas ruled in favor of the carrier in a declaratory judgment action filed by a Plaintiff...Show More Summary

Supplemental Deposition of Med Mal Defendant Allowed On Limited Basis

2 weeks agoIndustries / Law : Tort Talk

In the medical malpractice case of Venosh v. Henzes, No. 11 - CV - 3058 (C.P. Lacka. Co. Jan. 18, 2018 Nealon, J.), the Lackawanna County Court of Common Pleas granted in part and denied in part a Plaintiff's motion to compel relative...Show More Summary

Pennsylvania Supreme Court to Address Attorney-Client Privilege/Attorney Work Product Doctrine Issues

2 weeks agoIndustries / Law : Tort Talk

On January 30, 2018, the Pennsylvania Supreme Court issued a per curiam Order agreeing to hear the appeal on the case of BouSamra v. Excela Health, No. 318 WAL 2017 (Pa. Jan. 30, 2018), to hear argument on the issue of whether a lawShow More Summary

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