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Northampton County Court of Common Pleas Allows Cell Phone/Punitive Damages Claims to Proceed Beyond Summary Judgment (But for Non-Cell Phone Reasons)

5 days agoIndustries / Law : Tort Talk

Tort Talkers may recall that I recently reported on the trial court decision denying Preliminary Objections filed by a Defendant in the cell phone/punitive damages case of Paszkowski v. Kleintop, No. C-0048-CV-2014-11600 (C.P. North....Show More Summary

Judge Nealon of Lackawanna County Again Reviews Validity of Punitive Damages Claims in Asbestos Litigation

last weekIndustries / Law : Tort Talk

In his recent decision in the asbestos litigation case of Horst v. Union Carbide Corp., No. 2015-CV-1903 (C.P. Lacka. Co. July 26, 2016 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas reviewed Motions for Summary Judgment filed by various Defendants against punitive damages claims presented by the Plaintiffs. Show More Summary

Punitive Damages Claims Allowed to Proceed in Northampton County Trucking Accident Case

2 weeks agoIndustries / Law : Tort Talk

In the Northampton County Court of Common Pleas case of Scarpone v. Seaton, No. C-48-CV-2016-1965 (C.P. North. Co. Aug. 1, 2016 Roscioli, J.), the court allowed punitive damages to proceed beyond Preliminary Objections against a Defendant...Show More Summary

Summary Judgment Denied on Vicarious Liability Issues in Shooting Case

3 weeks agoIndustries / Law : Tort Talk

In his recent Opinion in the case of Rogers v. Thomas, No. 12-CV-1464 (C.P. Lacka. Co. July 18, 2016 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas denied Motion for Summary Judgment in a shooting...Show More Summary

Dauphin County Court of Common Pleas Addresses Timing of Facebook Discovery

3 weeks agoIndustries / Law : Tort Talk

An interesting Facebook Discovery decision was handed down Judge Andrew H. Dowling by Order only in the Dauphin County case of Vogelsong v. Cruz-Ramirez, No. 2015-CV-234 CV (C.P. Dauph. Co. July 29, 2016 Dowling, J.). According to information...Show More Summary

Judge Mazzoni of Lackawanna County Addresses Validity of UIM Rejection Forms (Including One that Was Backdated)

last monthIndustries / Law : Tort Talk

In a recent decision in the case of Petrillo v. Ace American Ins. Co., 2013-CV-306 (C.P. Lacka. Co. July 26, 2016 Mazzoni, S.J.), Senior Judge Robert A. Mazzoni of the Lackawanna County Court of Common Pleas granted a Plaintiff’s Motion...Show More Summary

Not the Only Thing There's Just Too Little Of

Last night at the Democratic National Convention, many speakers made impassioned pleas for “common sense” gun reform. That might sound like a good idea but, like most public policy, gun policy is hard.  As I wrote at the Washington Post...Show More Summary

Summary Judgment Denied in Lycoming County Slip and Fall Case

last monthIndustries / Law : Tort Talk

In a recent decision out of the Lycoming County Court of Common Pleas in the case of Goldy v. Woodlands Bank, No. 15-01334 (C.P. Lycoming Co. May 31, 2016 Gray, J.), Judge Richard A. Gray denied a landowner Defendant’s Motion for Summary Judgment in a trip and fall case. Show More Summary

Plaintiff Permitted to Discontinue Post-Koken Action Against Tortfeasor Over Objection of UIM Carrier

last monthIndustries / Law : Tort Talk

In a trial court Order entered by the Dauphin County Court of Common Pleas in the case of Phaler v. Ray and Westfield Insurance Company, No. 2014-CV-7332 (C.P. Dauph. Co. May 17, 2016 Bratton, J.), the court granted a Plaintiff’s Motion to Discontinue the post-Koken action against the tortfeasor Defendant over the objection of the UIM carrier. Show More Summary

Judge Nealon of Lackawanna County Affirms Validity of Pursuing Corporate Liability Claims in Med Mal Cases

2 months agoIndustries / Law : Tort Talk

Several notable issues were addressed by Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas in his recent decision in the case of Brink v. Marian Community Hospital, No. 13-CV-1314 (C.P. Lacka. Co. June 30, 2016Show More Summary

Coverage/Defense for Injuries Resulting from Bar Fight Denied Under Liability Policy

2 months agoIndustries / Law : Tort Talk

In a recent Philadelphia County Court of Common Pleas decision in the case of Penn-Patriot Ins. Co. v. Williams, PICS Case No. 16-0659 (C.P. Phila. Co. May 9, 2016 Djerassi, J.), the court ruled in a declaratory judgment action on an...Show More Summary

Limited Tort Motion for Summary Judgment Denied in Northampton County

2 months 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

Convicted Gay Basher Kathryn Knott To Judge: Free Me!

2 months agoLGBT / Gay : Queerty

Talk about bad timing, Katie. Barely 48 hours after the worst mass shooting in America, which happened inside a gay nightclub, convicted gay basher Kathryn Knott formally filed yet another request with the Common Pleas Court for early release from jail. Related: Convicted Gay Basher Kathryn Knott’s Legal Troubles Just Got A Whole Lot Worse Attorney William Brennan filed [...]

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

3 months 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

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

3 months 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

My Plea for Women's Journalism

Why are we accepting mediocre women's journalism as the only journalism left? Maybe I'm old fashioned. Maybe I have specific topics and interests that are not as common to write about or explore. Maybe websites exist that I just haven't heard about yet. Show More Summary

Judge Zulick of Monroe County Enforces Expert Deadline

3 months agoIndustries / 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 Allows For Expert Opinion Testimony Regarding Alleged Pain and Suffering in Stillbirth Med Mal Action

4 months agoIndustries / Law : Tort Talk

In the case of Page v. Moses Taylor Hospital, No. 11 CV 1402 (C.P. Lacka. Co. May 6, 2016 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas denied a defense motion in limine raising Frye issues pertaining...Show More Summary

Summary Judgment Denied in Premises Liability Case for Wheelchair Left in Hallway

4 months agoIndustries / Law : Tort Talk

In his recent decision in the case of Achille v. St. Luke’s Physicians Group, PICS Case No. 16-0479 (C.P. Monroe Co. Feb. 4, 2016 Williamson, J.), Judge David J. Williamson of the Monroe County Court of Common Pleas denied a Motion of...Show More Summary

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