Blog Profile / Tort Talk


URL :http://www.torttalk.com
Filed Under:Industries / Law
Posts on Regator:1545
Posts / Week:4.2
Archived Since:October 22, 2010

Blog Post Archive

Motion To Dismiss Bad Faith Complaint Denied

15 hours agoIndustries / Law : Tort Talk

In the case of Meyers v. Protective Ins. Co., No. 3:16-cv-01821 (M.D. Pa. Oct. 10, 2017 Caputo, J.), the court denied a second Motion to Dismiss filed against a bad faith claim alleging issues with the investigation and claim evaluation by the Defendant carrier. Show More Summary

HAPPY THANKSGIVING

16 hours agoIndustries / Law : Tort Talk

Sending you warm wishes for a Happy Thanksgiving for you and your family. Thank you for reading and supporting Tort Talk. With gratitude, Dan Cummins

Split in Authority on Post-Koken Bifurcation of Trial Issues

3 days agoIndustries / Law : Tort Talk

In the Blair County Court of Common Pleas case of Swan v. Moorefield, No. 2014 GN 2606 (C.P. Blair Co. Sept. 9, 2017 Kagarise, J.), the court denied a UIM carrier’s Motion to Sever and Stay Bad Faith Claims in a post-Koken matter. According to the Opinion, the Motion to Sever was filed pursuant to Pa. Show More Summary

Judge Caputo of Federal Middle District Court Denies Motion to Sever and Stay Post-Koken Bad Faith Claim

5 days agoIndustries / Law : Tort Talk

In his recent decision in the case of Mulgrew v. GEICO, No. 3:16-cv-02217 (M.D. Pa. Oct. 11, 2017 Caputo, J.), the court denied a Defendant’s Motion to Sever and Stay the Plaintiff’s bad faith claim in a underinsured motorist matter....Show More Summary

Validity of a UIM Waiver of Stacking Form Reviewed by Pennsylvania Superior Court (Non-Precedential)

last weekIndustries / Law : Tort Talk

In the non-precedential decision by the Pennsylvania Superior Court in the case of DeCrosta v. Erie Insurance Group, No. 2982 E.D.A. 2016 (Pa. Super. Oct. 18, 2017) (Bender, P.J.E., Dubow and Musmanno, J.J.) (Mem. Op. by Musmanno, J.),...Show More Summary

STUFF YOU GOTTA KNOW

last weekIndustries / Law : Tort Talk

With the Pennsylvania state court systems gradually moving over into the digital age, the Administrative Office of Pennsylvania Courts (AOPC) has taken steps to address the need to protect individuals from identity theft and from disclosure...Show More Summary

ARTICLE: The Art of Mediating: The Goal is to Settle, Not Win

2 weeks agoIndustries / Law : Tort Talk

The below article of mine providing tips on handling mediations was published in the October 17, 2017 edition of The Legal Intelligencer and is republished here with permission.Should you need any assistance in mediating cases through the end of the year or beyond, I would be happy to help through my venture at Cummins Mediation Services. Show More Summary

Timeliness of Recusal Motion Reviewed by Pennsylvania Supreme Court

2 weeks agoIndustries / Law : Tort Talk

In the Pennsylvania Supreme Court decision in the case of Lomas v. Kravitz, No. 87 MAP 2016 (Pa. Sept. 28, 2017)(Maj. Op. by Baer, J.)(Dissenting Op. by Saylor, C.J.), the Court affirmed the Superior Court's decision that a recusal motion...Show More Summary

TORT TALK PRACTICE TIP

2 weeks agoIndustries / Law : Tort Talk

STAND UP WHENEVER YOU GET ON THE PHONE Many articles have been written on the health dangers of sitting all day. Some say that sitting is the new smoking.Standing up whenever you get on the phone will break up your sitting all day at the office and may benefit your health in the long run.And while your on the phone try smiling when speaking. Show More Summary

LOOKING TO TRY TO RESOLVE CASES BEFORE THE END OF THE YEAR?

3 weeks agoIndustries / Law : Tort Talk

Are you looking to try to resolve cases before the end of the year?I welcome the opportunity to assist you in settling your case through CUMMINS MEDIATION SERVICES.In addition to my own personal experience of sitting through innumerable settlement conferences as a law clerk for Judge Harold A. Show More Summary

ARTICLE: Service of Process: Pitfalls Can Be Avoided by Good Faith Efforts

3 weeks agoIndustries / Law : Tort Talk

The below article written by my associate attorney Stephen T. Kopko and myself recently appeared in the October 17, 2017 edition of the Pennsylvania Law Weekly and is republished here with permission. Service of Process: Pitfalls Can Be Avoided by Good Faith Efforts by Stephen T. Show More Summary

Motion to Sever and Stay Post-Koken Bad Faith Claim Denied in Middle District of Pennsylvania

4 weeks agoIndustries / Law : Tort Talk

In his recent decision in the case of Newhouse v. GEICO, No. 4:17-CV-00477 (M.D. Pa. Sept. 18, 2917 Brann, J.), US Middle District Judge Matthew W. Brann denied GEICO’s Motion to Sever and Stay the bad faith portion of a post-Koken claim filed by a Plaintiff also asserting a UIM claim. Show More Summary

Summary Judgment Granted on Federal Middle District Homeowner's Bad Faith Claim

4 weeks agoIndustries / Law : Tort Talk

In what may be one of the first post-Rancosky decisions (but in which Rancosky was not cited), summary judgment was granted on a homeowner's insurance bad faith claim in the Federal Middle District Court case of Davenport v. USAA Casualty Ins. Show More Summary

Scope of Trial Court's Authority to Limit Openings, Examinations, and Closings at Trial Reviewed

last monthIndustries / Law : Tort Talk

In a recent decision in the case of Horst v. Union Carbide Corporation, No. 15-CV-1903 (C.P. Lacka. Co. Oct. 11, 2017 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas reviewed the scope of a trialShow More Summary

TORT TALK PRACTICE TIP

last monthIndustries / Law : Tort Talk

BE CONVERSATIONAL IN YOUR BRIEF WRITING Legal writing courses in law school wrongfully kill creativity in brief writing in favor of arid, brittle, crisp statements of the law as applied to colorless adjective-free facts. The result is lifeless law review writing, and who seeks out law review articles to read after they are written? No one. Show More Summary

Pennsylvania Superior Court Upholds Exclusion of Coverage for Resident Non-Family Members Not Listed On Auto Policy

last monthIndustries / Law : Tort Talk

In the case of Safe Auto Insurance v. Oriental-Guillermo, 2017 Pa. Super. 297 (Pa. Super. Sept. 18, 2017) (Dubow, J., Solano, J., and Ford Elliot, P.J.E) (Majority Op. by Dubow, J.) (Dissenting Op. by Ford Elliot, P.J.E.), the Pennsylvania...Show More Summary

Current Law of Intentional Infliction of Emotional Distress Claim Reviewed

last monthIndustries / Law : Tort Talk

In his recent decision in the case of Nehme v. Churla, 2017 W.L. 4124460 (C.P. Lacka. Co. Sept. 8, 2017 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas addressed the current status of the requirements of a claim for intentional infliction of emotional distress under Pennsylvania law. Show More Summary

Pennsylvania Defense Institute Drafts Proposed Points for Charge for Products Liability Cases

last monthIndustries / Law : Tort Talk

Here is a LINK to a set of Products Liability Suggested Standard Jury Instructions drafted by members of the Products Liability Committee of the Pennsylvania Defense Institute and which has been published in the October, 2017 edition of Counterpoint, a PDI publication. Show More Summary

Bad Faith Statute Applies to Insureres Not Insurance Agents

last monthIndustries / Law : Tort Talk

In the case of Fertig v. Kelley, No. 16-CV-4801 (C.P. Lacka. Co. Sept. 27, 2017 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas granted judgment on the pleadings in favor of an automobile insurance...Show More Summary

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