Blog Profile / Tort Talk


URL :http://www.torttalk.com
Filed Under:Industries / Law
Posts on Regator:1403
Posts / Week:4.2
Archived Since:October 22, 2010

Blog Post Archive

Judge Nealon of Lackawanna County Addresses Motion to Join Additional Defendant Beyond Time Allowed by Rules

21 hours agoIndustries / Law : Tort Talk

In his recent decision in the case of Lemoncelli v. Newell Rubbermaid, Inc., No. 2011-CV-2565 (C.P. Lacka. Co. Jan. 24, 2017 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas addressed a Defendant’s...Show More Summary

Judge Zulick of Monroe County Addresses Motion to Join Additional Defendant Beyond Tim Allowed By Rules

22 hours agoIndustries / Law : Tort Talk

In his recent decision in the case of Liu v. Pi Delta Psi Fraternity, No. 3028-CV-2015 (C.P. Monroe Co. Nov. 2, 2016 Zulick, J.), Judge Arthur Zulick of the Monroe County Court of Common Pleas allowed the late joinder of an Additional Defendant over the objection of the Plaintiff. Show More Summary

Pennsylvania Supreme Court Addresses Validity of Section 1731 UM/UIM Rejection Forms

4 days agoIndustries / Law : Tort Talk

In its recent decision in the case of Ford v. American States Ins. Co., No. 1800 WDA 2014 (Pa. Feb. 22, 2017)(Maj. Op. by Baer, J.), the Pennsylvania Supreme Court addressed the the validity of a Section 1731 uninsured and underinsured rejection form. Show More Summary

Pennsylvania Superior Court Rules Jury Cannot Award Damages That Were Neither Sought or Proven

6 days agoIndustries / Law : Tort Talk

In the case of Stapas v. Giant Eagle, Inc., 2016 Pa. Super. 303 (Pa. Super. Dec. 23, 2016 Stabile, J. Bowes, J. Musmanno, J.) (Op. by Stabile, J.), the Pennsylvania Superior Court reversed, in part, the trial court’s denial of post-trial motions in a personal injury matter arising out of a shooting incident. Show More Summary

Bad Faith Claim Based Upon Sackett Dispute Rejected

last weekIndustries / Law : Tort Talk

In a recent decision out of the Western District Federal Court of Pennsylvania in the case of Trustgard Ins. Co. v. Campbell, No. 16-CV-1013 (W.D. Pa. Nov. 28, 2016 Schwab, J.), the court rejected a claim of bad faith in the case where...Show More Summary

Judge Munley of Federal Middle District Grants Summary Judgment in Bad Faith Claim

last weekIndustries / Law : Tort Talk

In his recent decision in the case of Yatsonsky v. State Farm Fire & Cas. Ins. Co., 3:15-CV-1777 (M.D. Pa. Dec. 5, 2016 Munley, J.), Judge James M. Munley granted a carrier’s Motion for Summary Judgment in a bad faith claim.In this matter,...Show More Summary

Pennsylvania Superior Court Affirms Finding of No Duty Owed in Data Breach Case

2 weeks agoIndustries / Law : Tort Talk

In its recent decision in the case of Dittman v. UPNC d/b/a The University of Pittsburgh Medical Center, No. 971 WDA 2015 (Pa. Super. Jan. 12, 2017 Olson, J., Stabile, J., and Musammno, J.) (Op. by Olson, J.), the Pennsylvania Superior...Show More Summary

Plaintiff Secures Costs and Attorney's Fees On Petition to Enforce Settlement Agreement (Medicare Lien Issues)

2 weeks agoIndustries / Law : Tort Talk

In a continuing trend across the Commonwealth, Judge Kimberly McFadden of the Northampton County Court of Common Pleas granted a Plaintiff's Petition to Enforce a Settlement in the case of Williams v. Easton Coach Co., No. C-0048-CV-2015-10186.The...Show More Summary

Federal Court Bad Faith Claims Dismissed under Twombly/Iqbal Standards

2 weeks agoIndustries / Law : Tort Talk

In the case of Mondron v. State Farm Mut. Ins. Co., No. 16-412 (W.D. Pa. Dec. 21, 2016), the court dismissed a bad faith count of a Plaintiff’s Complaint without prejudice where the court found that the insured pled conclusory language taken from case law and the Unfair Insurance Practices Act. Show More Summary

Judge Minora Addresses Motion for Trial Judge, And Entire County Bench, to Recuse

2 weeks agoIndustries / Law : Tort Talk

Judge Carmen D. Minora of the Lackawanna County Court of Common Pleas has issued another decision in which he outlines the trial court's standard of review when faced with a motion for recusal of the trial judge. This time the decision was handed down in the case of Friends of Lackawanna v. Show More Summary

Pennsylvania Superior Court Holds that Landowners Do Not Have a Duty To Protect Invitees Against Dangers on Adjoining Roadways

3 weeks agoIndustries / Law : Tort Talk

In its recent decision in the case of Newell v. Montana West, 2017 Pa. Super. 15 (Pa. Super. Jan. 19, 2017 Bowes, J., Ott, J., Solano, J.) (Op. by Solano, J.), the Pennsylvania Superior Court ruled that, in a case first impression before...Show More Summary

Federal Court Reaffirms Rule That There Can Be No Bad Faith For Denial Coverage Where Carrier Correct in Denying Coverage

3 weeks agoIndustries / Law : Tort Talk

In the recent Western Federal District Court decision of Wehrenberg v. Metro Prop. & Cas. Ins. Co., No. 14-1477 (W.D. Pa. Jan. 10, 2017 Hornak, J.), the court reaffirmed the rule that “‘there can be no bad-faith claim [for a denial of...Show More Summary

Pennsylvania Superior Court Addresses Spoliation of Evidence Standards (Non-Precedential)

3 weeks agoIndustries / Law : Tort Talk

In a recent decision listed as “non-precedential” in the case of Liberty Mutual v. Sanders, No. 1570 WDA 2015 (Pa. Super. Nov. 29, 2016 Bender, P.J.E., Ransom, J., and Musmanno, J.) (Mem. Op. by Bender, P.J.E.), the Pennsylvania Superior Court addressed the current status of the law of spoliation of evidence in Pennsylvania. Show More Summary

Another Court Applies Collateral Source Rule to Attempted References to Affordable Care Act in Civil Litigation Matters

4 weeks agoIndustries / Law : Tort Talk

In a recent decision out of the Western District Federal Court of Pennsylvania in the case of Welker v. Carnevale, No. 3:14-cv-149 (W.D. Pa. Jan. 13, 2017 Gibson, J.) (Mem. Op.), the court granted a Plaintiff’s Motion to Preclude the...Show More Summary

Pennsylvania Superior Court Addresses Post-Tincher Issues

4 weeks agoIndustries / Law : Tort Talk

In its recent post-Tincher decision in the case of High v. Pennsy Supply, Inc., No. 411 MDA 2016 (Pa. Super. Jan. 13, 2017 Ford Elliot, P.J.E., Shogan, J., and Stevens, P.J.E.) (Op. by Stevens, P.J.E.), the Pennsylvania Superior Court...Show More Summary

Pennsylvania Superior Court Affirms Denial of Petition to Open Judgment of Non Pros

last monthIndustries / Law : Tort Talk

In the case of Intech Metals, Inc. v. Meyer, Wagner & Jacobs, No. 374 WDA 2016 (Pa. Super. Dec. 22, 2016 Bender, P.J.E., Ransom, J., Musmanno, J.) (Op. by Ransom, J.), the Pennsylvania Superior Court found that the trial court properly...Show More Summary

Intoxication Evidence Ruled Inadmissible By Superior Court

last monthIndustries / Law : Tort Talk

In its recent decision in the case of Rohe v. Vinson, No. 2264 MDA 2015 (Pa. Super. Dec. 28, 2016 Gantman, J., Panella, J. and Jenkins, S.J.), (Op. by Gantman, J.), the Pennsylvania Superior Court ruled that a Plaintiff in a motorcycle...Show More Summary

Judge Gartley of Luzerne County Addresses Service of Process Issues

last monthIndustries / Law : Tort Talk

In her recent decision in the case of Nicholas v. Zolner, No. 2013-CV-9828 (C.P. Luz. Co. Dec. 29, 2016 Gartley, J.), Judge Tina Polachek Gartley of the Luzerne County Court of Common Pleas issued a Pa. R.A.P. 1925 Opinion in support...Show More Summary

Judge Terrence R. Nealon of Lackawanna County Addresses "No-Duty Rule"

last monthIndustries / Law : Tort Talk

In his recent decision in the case of Barrett v. Chervanka, No. 14-CV-5175 (C.P. Lacka. Co. Dec. 8, 2016 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas denied a Defendant’s Motion for Summary Judgment...Show More Summary

Judge James M. Munley of Federal Middle District Court Addresses UIM Statute of Limitations

last monthIndustries / Law : Tort Talk

In the case of Legos v. Travelers Cas. Co. of Conn., 3:16-cv-1917 (M.D. Pa. Dec. 19, 2016 Munley, J.), Judge James M. Munley addressed the issue of the statute of limitations in a UIM case. According to the Opinion, the third party case Release was signed in March 2012. Show More Summary

Copyright © 2015 Regator, LLC