Blog Profile / Tort Talk


URL :http://www.torttalk.com
Filed Under:Industries / Law
Posts on Regator:1453
Posts / Week:4.2
Archived Since:October 22, 2010

Blog Post Archive

Judge Minora of Lackawanna County Addresses Medical Malpractice Discovery Issue

yesterdayIndustries / Law : Tort Talk

In his recent decision in the case of Snyder v. DeCesare, et.al., No. 2015-CV-1939 (C.P. Lacka. Co. Jan. 20, 2017 Minora, S. J.), Senior Judge Carmen D. Minora of the Lackawanna County Court of Common Pleas addressed a Plaintiff’s Motion...Show More Summary

Certificate of Merit Required to Support a Direct Corporate Negligence Claim Against a Licensed Medical Corporation

yesterdayIndustries / Law : Tort Talk

In his recent decision in the case of Goodfellow v. Camp Netimus Inc., 2017 U.S. Dist. Lexis 68140 (M.D. Pa. May 4, 2017, Mannion, J.), the court granted in part and denied in part a Motion to Dismiss in a case involving a claim of direct corporate negligence against a licensed medical corporation. Show More Summary

Evidence of Prior Accidents and Injuries Precluded as Irrelevant to Claimed Injuries

2 days agoIndustries / Law : Tort Talk

In his recent decision in the case of Piczon v. Moody, No. 2012 - CV - 3634(C.P. Lacka. Co. April 6, 2017 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas addressed a Motion In Limine filed by a Plaintiff...Show More Summary

Tort Talk Post-Koken Scorecard Updated With Recently Discovered Additional Decisions

2 days agoIndustries / Law : Tort Talk

Cooper v. MetLife Auto & Home, No. 13-CV-687 (W.D. Pa. Aug. 6, 2013 Conti, J.) (Court denied Defendant’s Motion to Bifurcate the Plaintiff’s bad faith claim from the UIM breach of contract claim after finding that the potential prejudice presented by the situation does not outweigh the interests of judicial economy). Show More Summary

Pennsylvania Unfair Trade Practices Act and Consumer Protection Law Does Not Apply to the Handling of Insurance Claims

3 days agoIndustries / Law : Tort Talk

In his recent decision in the case of Machado v. Safeco Ins. Co., No. 3:16-CV-1685 (M.D. Pa. April 7, 2017 (Munley, J.), Judge James M. Munley addressed a Plaintiff’s claims under consumer protection law for allegedly abusive claims handling practices by the carrier of her insurance claim. Show More Summary

The Free Law Project Moves to Provide Free Public Access to Federal Court Decisions

last weekIndustries / Law : Tort Talk

The Free Law Project, a non-profit entity dedicated to providing free, public access to legal materials announce plans to download all of the free Opinions and Orders available on PACER, the federal courts' system for electronic access to court records. Show More Summary

Western District Magistrate Judge Addressess Facebook Discovery Issues

last weekIndustries / Law : Tort Talk

A Pennsylvania Facebook Discovery decision from last August of 2016 has been brought to my attention. In the case Hanna v. Giant Eagle, Inc., 2016 U.S. Dist. LEXIS 107253 (W.D.Pa. Aug. 10, 2016 Mitchell, M.J.), a Magistrate Judge inShow More Summary

No Bad Faith Found Where UIM Carrier Demanded Statement Under Oath Even Though Deposition Previously Completed

last weekIndustries / Law : Tort Talk

In the case of Ridolfi v. State Farm Mut. Auto. Ins. Co., No. 15-859 (M.D. Pa. April 10, 2017 Carlson, M.J.), Federal Magistrate Judge Carlson of the Middle District granted a carrier’s Motion for Summary Judgment in a UIM bad faith case. Show More Summary

Westmoreland County Court of Common Pleas Severs Post-Koken UIM/Bad Faith Claims But Refuses to Stay Bad Faith Discovery Efforts

last weekIndustries / Law : Tort Talk

In a recent Order of Court out of the Westmoreland County Court of Common Pleas in the case of Madeja v. State Farm Mutual Automobile Ins. Co., No. 5493 of 2016 (C.P. Westmoreland Co. April 11, 2017 Scherer, J.), the court granted in...Show More Summary

Motion to Bifurcate Trial of Post-Koken UIM/Bad Faith Claims Denied in Eastern Federal District Court of Pennsylvania

last weekIndustries / Law : Tort Talk

BIFURCATION DENIED In the recent Federal Eastern District Court of Pennsylvania case of Reeves v. Travelers Cos., No. 16-6448 (E.D. Pa. April 11, 2017 Baylson, J.), the court denied an insurance company’s Motion to Bifurcate the UIM Bad Faith and Breach of Contract Claims arising out of a motor vehicle accident. Show More Summary

Pennsylvania Superior Court Revisits Sackett Stacking Issues

2 weeks agoIndustries / Law : Tort Talk

For the Pennsylvania Superior Court’s latest pronouncement on Sackett issues pertaining to stacking of insurance coverage, see the case of Pergolese v. Standard Fire Insurance, No. 1467 EDA 2014 (Pa. Super. April 11, 2017 Ford Elliott P.J.E., Stabile, J., Strassburger, J.) (Maj. Show More Summary

Court Addresses Ability of One Plaintiff's Estate to Intervene in a Petition for Court Approval of Another Plaintiff's Estate's Settlement in a Consolidated Matter

2 weeks agoIndustries / Law : Tort Talk

In a recent Opinion issued in the case of Coleman v. Bachert, No. S-890-2011 (C.P. Schuylkill Co. April 11, 2017 Goodman, J.), Judge James P. Goodman addressed an emergency motion filed by one estate of a deceased Plaintiff to challenge...Show More Summary

TORT TALK PRACTICE TIP

3 weeks agoIndustries / Law : Tort Talk

ENGAGE TIPSTAFF Upon arriving in any courtroom, introduce yourself to the Judge's Tipstaff and engage them. Tipstaffs usually have a wealth of information to provide on how things work in a particular courtroom and are usually friendly...Show More Summary

TORT TALK IS 8 YEARS OLD TODAY

3 weeks agoIndustries / Law : Tort Talk

Today the Tort Talk Blog turns 8 years old--time flies when you're writing about the law. I thank you for reading the blog and also thank all those who have sent me cases or tips on cases and trends--it is all greatly appreciated.Here's a LINK back to the very first Tort Talk Blog post from May 4, 2009.

UIM Claims Found Barred by General Release Signed by Plaintiff

3 weeks agoIndustries / Law : Tort Talk

In the case of Crisp v. Ace Am. Ins. Co., No. 150902953, 3167 EDA 2016 (C.P. First Judicial District March 7, 2017 Cohen, J.), the court issued an Rule 1925 Opinion asserting that its decision to dismiss a motor vehicle accident Plaintiff’s...Show More Summary

ARTICLE: Do Act 6 Reductions Under MVFRL Apply Outside of Pa.?

3 weeks agoIndustries / Law : Tort Talk

Insurance Law Do Act 6 Reductions Under MVFRL Apply Outside of Pa.? byDaniel E. Cummins, Pennsylvania Law WeeklyPublication Date: April 25, 2017 Dan Cummins A common issue faced by Pennsylvania automobile insurance carriers is whether...Show More Summary

Notable Medical Malpractice Discovery Decision by Judge Terrence R. Nealon of Lackawanna County

3 weeks agoIndustries / Law : Tort Talk

In the recent Lackawanna County Court of Common Pleas decision in the case of Baker v. Geisinger Community Medical Center, No. 2016-CV-2946 (C.P. Lacka. Co. April 7, 2017 Nealon, J.), Judge Terrence R. Nealon addressed a Plaintiff’sShow More Summary

CORRECTED LINK For Post-Tincher Case Summarized in Yesterday's Post

4 weeks agoIndustries / Law : Tort Talk

Here's a LINK back to yesterday's Tort Talk Blog Post on the Pennsylvania Superior Court's recent non-precedential decision in the Post-Tincher case of Martinez v. American Honda Motor--I understand that the Link to the actual decision may not have been working and I have corrected it.I apologize for any inconvenience.

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