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Blog Profile / Tort Talk


URL :http://www.torttalk.com
Filed Under:Industries / Law
Posts on Regator:1061
Posts / Week:5
Archived Since:October 22, 2010

Blog Post Archive

Interesting Legal Intelligencer Article on the Future of Products Liability in PA in Light of Tincher

18 hours agoIndustries / Law : Tort Talk

Here is a LINK to a November 25, 2014 article by Max Mitchell of The Legal Intelligencer entitled "Products Liability Cases in Pa. Face an Uncertain Road."The article outlines the grey areas in the future of Pennsylvania products liability law in light of the Pennsylvania Supreme Court's recent decision in Tincher. Show More Summary

Intermediate Form of Indemnity Agreement in Contractor-Subcontractor Construction Agreement Found

yesterdayIndustries / Law : Tort Talk

In its recent unpublished "non-precedential" decision in the construction accident case of Bracken v. Burchick Construction, 1432 WDA 2012 (Pa. Super. Oct. 10, 2014 Panella, J.), the Pennsylvania Superior Court found that language used...Show More Summary

Pennsylvania Supreme Court Upholds Constitutionality of Statutory Caps in Context of Tort Claims Act

6 days agoIndustries / Law : Tort Talk

In another notable decision, this time in the case of Zauflik v. Pennsbury School District, 1 MAP 2014 (Pa. Nov. 19, 2014 ), the Pennsylvania Supreme Court upheld the constitutionality of the $500,000 statutory cap on tort claim recoveries against local governmental agencies under the Tort Claims Act, 42 Pa.C.S.A. Show More Summary

Pennsylvania Supreme Court Issues Tincher Decision: Declines to Adopt Restatement Third for Products Cases

6 days agoIndustries / Law : Tort Talk

The Pennsylvania Supreme Court has released its much anticipated products liability decision in Tincher v. Omega Flex, Inc., No. 17 MAP 2013 (Pa. Nov. 19, 2014 Castille, C.J.)When the Court accepted the appeal in Tincher it defined the...Show More Summary

Prior Worker's Comp Award Collaterally Estops Plaintiff From Expanding Claims of Injuries in Companion Civil Lawsuit

6 days agoIndustries / Law : Tort Talk

Only one bite at the apple. In his recent decision in the case of McConnell v. Delprincipe, PICS Case No. 14-1674 (C.P. Lawrence Co. Oct. 2, 2014 Cox, J.), Judge J. Craig Cox of the Lawrence County Court of Common Pleas ruled that the...Show More Summary

Monumental Opinion on Post-Koken Trial Jury Instructions From Judge Terrence R. Nealon of Lackawanna County

6 days agoIndustries / Law : Tort Talk

In his recent decision in the case of Moritz v. Horceman Insurance, 2014 WL 5817681, No. 2013-CV-544 (C.P. Lacka. Co. Nov. 10, 2014 Nealon, J.), Judge Terrence R. Nealon addressed important issues with respect to a post-Koken automobile accident matter that is headed towards trial. Show More Summary

Supreme Court's Revised Forum Non Conveniens Standard Utilized by Superior Court for First Time

6 days agoIndustries / Law : Tort Talk

In its recent decision in the case of Lee v. Bower Lewis Thrower Architects, 2014 Pa.Super. 240 (Pa. Super. Oct. 22, 2014 Gantman, P.J., Bender, P.J.E., and Platt, J.)(Op. by Gantman, P.J.), the Pennsylvania Superior Court upheld a Philadelphia...Show More Summary

LINK TO WRITTEN MATERIALS FROM TORT TALK EXPO 2014 CLE

6 days agoIndustries / Law : Tort Talk

Here is a LINK to my written materials from the Tort Talk Expo 2014 Civil Litigation/Auto Law/Bad Faith Update CLE in September. In addition to my written materials and articles, the packet also contains a section entitled "Koken/Bad...Show More Summary

NEXT WEDNESDAY: PDI HOLIDAY PARTY AT W-B/SCRANTON PENGUINS HOCKEY GAME

6 days agoIndustries / Law : Tort Talk

PENNSYLVANIA DEFENSE INSTITUTE presents CLE Program and Wilkes-Barre/Scranton Penguins vs. Portland Pirates Hockey Game at Mohegan Sun Arena Wednesday, November 19, 2014 1 Ethics Credit! 4:30 P.M.: Registration 5:00 P.M.: CLE program...Show More Summary

"Name Driver Only" Type of Automobile Insurance Policy Upheld as Valid (Decision Now On Appeal)

last weekIndustries / Law : Tort Talk

In a recent Montgomery County Court of Common Pleas decision in the case of An v. Gillmore and Victoria Fire & Cas. Co., No. 2013-Civil-06320 (C.P. Mont. Co. Sept. 2, 2014 Haas, J.), the court addressed the validity of a “named driver...Show More Summary

The Bizarro World: Court Grants Plaintiff's Motion to Compel IME of a Defendant

2 weeks agoIndustries / Law : Tort Talk

The Bizarro World on Seinfeld In her recent Halloween decision in the case of Norconk v. Grove, No. 3824-CV-2014 (C.P. Luz. Co. Oct. 31, 2014 Gartley, J.), Judge Tina Gartley of the Luzerne County Court of Common Pleas granted a Plaintiff's motion to compel a Defendant driver to undergo an independent medical examination pursuant to Pa.R.C.P. Show More Summary

SAVE THE DATE: Pennsylvania Defense Institute Holiday Party in NEPA - November 19, 2014

2 weeks agoIndustries / Law : Tort Talk

PENNSYLVANIA DEFENSE INSTITUTE presents CLE Program and Wilkes-Barre/Scranton Penguins vs. Portland Pirates Hockey Game at Mohegan Sun Arena Wednesday, November 19, 2014 1 Ethics Credit! 4:30 P.M.: Registration 5:00 P.M.: CLE program...Show More Summary

Watch Out for Candles in the Frozen Foods Aisle

2 weeks agoIndustries / Law : Tort Talk

The case of Ketchum v. Giant Food Stores LLC, (Pa. Super. Sept. 30, 2014) (Memorandum by Bowes, J.), represents the Superior Court's latest unpublished, non-precedential Opinion on the scope of a possessor of land's liability for harm caused to a business invitee. Show More Summary

Split of Authority in Schuylkill County on Post-Koken Consolidation vs. Severance of Claims Issue

2 weeks agoIndustries / Law : Tort Talk

In the Tort Talk blog post a few days ago on the recent Schuylkill County Court of Common Pleas Post-Koken decision in the case of Wall v. Ebersole, Erie Ins. and Donegal Ins., in which Judge Miller ruled in favor of keeping the claims consolidated, it was noted that Judge Miller relied upon a prior Schuylkill County decision issued by Judge John E. Show More Summary

Correction on Name of Schuylkill County Post-Koken Decision

3 weeks agoIndustries / Law : Tort Talk

I incorrectly identified the case name of the Schuylkill County Post-Koken case summarized in yesterday's post. The correct case name is:Wall v. Ebersole, Erie Ins., and Donegal Ins., No. S-495-2014 (C.P. Schuylkill Co. Oct. 29, 2014 Miller, J.)I apologize for any confusion.

Post-Koken Decision in Favor of Consolidation Out of Schuylkill County

3 weeks agoIndustries / Law : Tort Talk

In a recent Post-Koken decision out of Schuylkill County in the case of Miller v. Ebersole, Erie Ins., and Donegal Ins., No. S-495-2014 (C.P. Schuylkill Co. Oct. 29, 2014 Miller, J.), Judge Charles M. Miller denied a second-level UIM...Show More Summary

HAPPY HALLOWEEN

3 weeks agoIndustries / Law : Tort Talk

Why did the game warden arrest the ghost? The ghost didn't have a haunting license. Why don't lawyers and mummies take vacation? They're both afraid to relax and unwind. ? What happened to the guy who couldn't keep up payments to his exorcist? He got repossessed. Show More Summary

Pennsylvania Supreme Court Declines Opportunity to Review Important Voir Dire Issues

3 weeks agoIndustries / Law : Tort Talk

According to an October 30, 2014 article by P.J. D'Annunzio in The Legal Intelligencer entitled "Pa. Justices Deny Appeal in Juror Bias Med Mal Case," the Pennsylvania Supreme Court has issued an Order declining to entertain the appeal from the 6-2 en banc Superior Court decision in the case of Cordes v. Show More Summary

The Latest on Ethical Issues With Use of Social Media by Attorneys and Their Clients

3 weeks agoIndustries / Law : Tort Talk

Here is a LINK to an October 28, 2014 article by Daniel J. Siegel that appeared in the Pennsylvania Law Weekly entitled "PBA Ethics Committee Issues Social Media Guidance" which outlines ethical opinions offered up by the Philadelphia...Show More Summary

Which Tort Option Applies?

4 weeks agoIndustries / Law : Tort Talk

In his recent decision in the case of Edgington v. Abersold, PICS Case No. 14-1630 (C.P. Lawrence Co. Sept. 24, 2014 Piccione, J.), Judge Thomas M. Piccione addressed the issue of determining a Plaintiff’s tort coverage where more than one private passenger motor vehicle accident policy was applicable and the policies had conflicting tort options. Show More Summary

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