Blog Profile / Tort Talk


URL :http://www.torttalk.com
Filed Under:Industries / Law
Posts on Regator:1287
Posts / Week:4.3
Archived Since:October 22, 2010

Blog Post Archive

Limited Tort Motion for Summary Judgment Denied in Northampton County

2 days agoIndustries / Law : Tort Talk

In the recent Northampton County Court of Common Pleas decision of George v. Hower, 59 Northampton 211 (C.P. North. Co. March 9, 2016), the court denied a defense Motion for Summary Judgment on the limited tort issue after finding that...Show More Summary

Judge Brann of Federal Middle District Court Reviews Discoverability of Communications Between Third Party Administrator and Claims Representatives and Counsel

3 days agoIndustries / Law : Tort Talk

In Heller’s Gas, Inc. v. Int’l Ins. Co. of Hannover Ltd., 4:15-CV-01350 (M.D. Pa. June 1, 2016 Brann, J.), Judge Matthew W. Brann of the Federal Middle District Court of Pennsylvania addressed the discoverability of communications between...Show More Summary

Correction of Case Name From Yesterday's Post

5 days agoIndustries / Law : Tort Talk

I spelled the name of the Plaintiff incorrectly in yesterday's post on the Eastern District Federal Court Bad Faith case of (correct spelling here) Canizares v. Hartford Insurance Company, No. 16-1465 (E.D. Pa. May 27, 2016 Pratter, J.).Here is a LINK to the case if you wish tor review the same.I apologize for any confusion.

Bad Faith Claim Dismissed by Federal Court

5 days agoIndustries / Law : Tort Talk

In the case of Sanizares v. Hartford Insurance Company, No. 16-1465 (E.D. Pa. May 27, 2016 Pratter, J.), the court dismissed a bad faith claim, without prejudice, after finding that the Plaintiff failed to meet the federal law standards of pleading a plausible claim by simply alleging legal conclusions. Show More Summary

Superior Court Reviews Current Status of Attorney-Client Privilege Between Attorneys and Third Party Claim Administrators

last weekIndustries / Law : Tort Talk

In its recent decision in the case Brown v. Greyhound, Inc., No. 1167 EDA 2015, 2016 Pa. Super. 108 (Pa. Super. May 24, 2016 Shogan, Mundy, and Fitzgerald, JJ.) (Opinion by Shogan, J.), the Pennsylvania Superior Court addressed issues...Show More Summary

Western Federal District Court Declines to Sever and Stay Bad Faith Claim in Post-Koken Matter

last weekIndustries / Law : Tort Talk

In a recent decision in the Federal Western District Court case of Schutte v. GEICO, No. 2:16-CV-00374 (W.D.Pa. May 24, 2016 Schwab, J.), the court denied a UIM carrier's motion to sever and stay a bad faith claim asserted in a Post-Koken matter. Show More Summary

Republished Article: A Mid-Year Tuneup

2 weeks agoIndustries / Law : Tort Talk

As we have hit the mid-point of the year (Already?!), I thought I would republish the below article of mine from the June 30, 2008 edition of the Pennsylvania Law Weekly. Thanks for reading Tort Talk,? Dan CumminsFOLEY, COMERFORD & CUMMINS A Mid-Year Tuneup Ten tips to improve your practice and reduce stressByDaniel E. Show More Summary

Case of Apparent First Impression: Judge Gibbons of Lackawanna County Allows Direct Liability Med Mal Claim to Proceed Against Physicians Professional Group/Private Medical Practice

2 weeks agoIndustries / Law : Tort Talk

In a June 8, 2016 Opinion in the case of Astleford v. Delta Medix, No. 15-CV-5134 (C.P. Lacka. Co. 2016 Gibbons, J.), Judge James A. Gibbons of the Lackawanna County Court of Common Pleas issued what may be the first decision in theShow More Summary

Deposition of Plaintiff's Counsel Allowed in Bad Faith Claim

2 weeks agoIndustries / Law : Tort Talk

In the case of Adeniyi-Jones v. State Farm Mut. Auto. Ins. Co., No. 147101 (E.D. Pa. Oct. 21, 2015), the Pennsylvania Eastern District Federal Court allowed a deposition of Plaintiff’s counsel in a UIM/bad faith claim. In this matter,...Show More Summary

REGISTRATION FORM FOR NEXT FRIDAY'S LACKAWANNA PRO BONO GOLF TOURNAMENT

3 weeks agoIndustries / Law : Tort Talk

The Lackawanna Pro Bono Golf Tournament is set for next Friday, June 10, 2016, at the Blue Ridge Trail Golf Club in Mountaintop, Pennsylvania with a shotgun start at 12:30 p.m. Daniel E. CumminsCLE Presenter The Golf Tournament will be preceded by a CLE program and Lunch at 11 a.m. Show More Summary

Negligent Infliction of Emotional Distress Claim Allowed to Proceed in Med Mal Case

3 weeks agoIndustries / Law : Tort Talk

In his May 18, 2016 decision in the case of Page v. Moses Taylor Hospital,2011-CV-1402 (C.P. Lacka. Co. May 18, 2016 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas addressed claims for negligent infliction of emotional distress in the context of a medical malpractice case. Show More Summary

Summary Judgment Granted in Slip and Fall Case

3 weeks agoIndustries / Law : Tort Talk

In the case of Toro v. Fitness Int’l LLC, PICS Case No. 16-0549 (C.P. Bucks Co. March 17, 2016 Butchart, J.), the court granted summary judgment in favor of a Defendant fitness center regarding the Plaintiff’s personal injury claims arising out of a slip and fall in the locker room. Show More Summary

No Third Party Bad Faith Claim

last monthIndustries / Law : Tort Talk

In a recent Pennsylvania Eastern Federal District decision in the case of Leboon v. Zurich Am. Ins. Co., No. 15-05904 (E.D. Pa. April 18, 2016 Pappert, J.), the court ruled that the party injured by an insured has no standing to bring...Show More Summary

STILL TIME TO REGISTER FOR UPCOMING LACKAWANNA PRO BONO GOLF TOURNAMENT SET FOR JUNE 10, 2016

last monthIndustries / Law : Tort Talk

The Lackawanna Pro Bono Golf Tournament is set for June 10, 2016 at the Blue Ridge Trail Golf Club in Mountaintop, Pennsylvania with a shotgun start at 12:30 p.m.The Golf Tournament will be preceded by a CLE program and Lunch at 11 a.m. Show More Summary

Western District Federal Court Grants Carrier's Motion to Remand Post-Koken Case to Federal Court

last monthIndustries / Law : Tort Talk

In a recent May 10, 2016 decision out of the Federal Western District Court of Pennsylvania in the case of Schutte v. GEICO, 2:16-cv-00374 (W.D. Pa. May 10, 2016 Schwab, J.), Judge Arthur J. Schwab denied a Plaintiff’s Motion to Remand a post-Koken UIM claim back to the state court. Show More Summary

No Loss of Consortium Claim Allowed to Nephew Relative to Aunt or Uncle

last monthIndustries / Law : Tort Talk

In the case of Young v. Est. of Young, No. 658 C.D. 2015 (Cmwlth. Ct. April 12, 2016 Simpson, Wojcik, Pellegrini, J.J.)(Op. by Simpson, J.), the Pennsylvania Commonwealth Court sustained preliminary objections to a Complaint and ruled,...Show More Summary

ARTICLE: Expansion of Negligence Liability to Text Senders Untenable

last monthIndustries / Law : Tort Talk

The below article of mine appeared in the May 17, 2016 edition of the Pennsylvania Law Weekly. Expansion of Negligence Liability to Text Senders Untenable by Daniel E. Cummins, Pennsylvania Law Weekly May 17 2016 A riddle of negligence...Show More Summary

Judge Zulick of Monroe County Enforces Expert Deadline

last monthIndustries / Law : Tort Talk

In his recent decision in the case of Rushen v. Hordis, No. 5760 CV 2013 (C.P. Monroe Co. Dec. 17, 2015 Zulick, J.), Judge Arthur L. Zulick of the Monroe County Court of Common Pleas granted a Defendant’s Motion In Limine to preclude...Show More Summary

Judge Nealon of Lackawanna County Tackles Numerous Asbestos Litigation Issues

last monthIndustries / Law : Tort Talk

In his recent 71 page Opinion in the case of Horst v. Union Carbide Corp. et al., No. 15 CV 1903 (C.P. Lacka. Co. April 27, 2016 Nealon, J.), Judge Terrence R. Nealon tackled a variety of issues raised in motions for summary judgments...Show More Summary

Tort Talk Post-Koken Scorecard

last monthIndustries / Law : Tort Talk

The Tort Talk Post-Koken Scorecard has been updated with the cases uncovered since November of 2015. The Post-Koken Scorecard, which lists decisions on a wide variety of pleadings, discovery, and trial issues in Post-Koken auto accident...Show More Summary

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