Foley, Comerford & Cummins

Founded in 1956, the Scranton, Pennsylvania law firm of Foley, Comerford & Cummins has maintained its excellent reputation for thorough and exceptional handling of the defense of civil litigation matters all across Northeastern Pennsylvania for more than 50 years. Our experienced attorneys provide a general range of litigation services and take pride in securing prompt results for our clients in a cost-effective and efficient manner. We are proud of our sustained record of success at trial as well as in negotiating favorable settlements with minimal litigation whenever possible.

UIM Bad Faith Complaint Over Disputed Value Dismissed as Conclusory

By Daniel Cummins

August 20, 2020

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In the case of Taylor v. GEICO, No. 2-20-CV-00729-CRE (W.D. Pa. Aug. 4, 2020 Eddy, Chief Mag. J.)(Mem. Op.), the court granted a carrier’s Motion to Dismiss a Plaintiff’s statutory bad faith claim in a UIM matter but allowed the Plaintiff the right to amend. In this decision by a Chief Magistrate Judge in the Western Federal District Court, it was ruled that the Plaintiff’s Complaint did not hold up against the plausibility standard. The…

Tort Talk

Propriety of Utilizing a Learned Treatise At Trial Reviewed By Pennsylvania Superior Court

By Daniel Cummins

August 19, 2020

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In the case of Charlton v. Troy, No. 2020 Pa. Super 170 (Pa. Super. July 16, 2020 Bowes, J., Olson, J., and Ford Elliott, P.J.E.) (Op. by Bowes, J.), the Pennsylvania Superior Court addressed the propriety of using a learned treatise to cross-examine a witness at a medical malpractice trial. In the end, the Superior Court found that the trial court erred in allowing a Plaintiffs’ attorney to cross-examine the Defendant physician, who testified as…

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Third Circuit: Attempts To Amend Pleadings in Federal Court After Deadline Must Be Supported by Good Cause

By Daniel Cummins

August 18, 2020

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In the case of Premier Comp Solutions v. UPMC, No. 19-1838 (3d Cir. Aug. 12, 2020) (Op. by Hardiman, J.), the court addressed the discretion of federal district trial court judges to manage their dockets, particularly with respect to allowing amendments to Complaints or the joinder of additional parties after the expiration of deadlines set in the trial court’s case management order. According to the Opinion, Plaintiff in this matter moved to amend its Complaint…

Tort Talk

A Painless Ethics CLE by Zoom by Daniel E. Cummins Set for this Friday — Few Spots Left — Reserve Your Spot Today!

By Daniel Cummins

August 17, 2020

LACKAWANNA BAR ASSOCIATION and TORT TALK Present another One Hour ZOOM CLE Friday, August 21, 2020 at 1 pm GOLF LESSONS: Tips for Professionalism and the Ethical Practice of Law (1 Ethics CLE Credit) Presented By Daniel E. Cummins, Esquire Cummins Law Free for LBA Members; Fee for Non-members: $60.00(All fees go to the Bar Association) Registrants Limited to 100 persons Contact Kaitlin McDonough at kmcdonough@lackawannabar.org to register whether you are a member or a…

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Validity of Punitive Damages Claims in a Trucking Accident Case Addressed

By Daniel Cummins

August 17, 2020

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In the case of Decker v. Ramos, No. 15-CV-7078 (C.P. Lacka. Co. July 16, 2020 Nealon, J.), the court addressed a Defendant’s Motion for Summary Judgment in a trucking accident case. The Defendants sought to dismiss the tractor trailer driver as a named party since the employer admitted, for purposes of vicarious liability, that the driver was acting within the scope of his employment at the time of the accident. The court rejected this summary…

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Award of Attorney’s Fees Granted Under 42 Pa.C.S.A. Section 2503

By Daniel Cummins

August 14, 2020

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In the case of Mariotti v. Mariotti Building Products, Inc., No. 12-CV-545 (C.P. Lacka. Co. July 23, 2020 Nealon, J.), the court addressed a Motion for Sanctions and a request for the defense for the recovery of counsel fees under 42 Pa. C.S.A. §2503 in a business dispute matter. The court noted that, under §2503(7) of the Judicial Code, the court has the discretion to award attorney’s fees “as a sanction against another participant for…

Tort Talk

Still Time to Register for Ethics CLE Before the August Compliance Deadline

By Daniel Cummins

August 12, 2020

LACKAWANNA BAR ASSOCIATION and TORT TALK Present another One Hour ZOOM CLE Friday, August 21, 2020 at 1 pm GOLF LESSONS: Tips for Professionalism and the Ethical Practice of Law (1 Ethics CLE Credit) Presented By Daniel E. Cummins, Esquire Cummins Law Free for LBA Members; Fee for Non-members: $60.00(All fees got to the Bar Association) Registrants Limited to 100 persons Contact Kaitlin McDonough at kmcdonough@lackawannabar.org to register whether you are a member or a…

Tort Talk

Monroe County Bar Association Develops an Alternative Dispute Resolution Program

By Daniel Cummins

August 11, 2020

The Monroe County Bar Association has developed an Alternative Dispute Resolution Program to assist in the securing of resolutions of Monroe County matters, whether they be personal injury matters, family law matters, or real estate matters. The Monroe County County Bar has vetted and selected a number of Mediators/Arbitrators who can be retained for a fee set by the Bar.Below is a flyer from the Monroe County Bar Association providing more information on the Program.…

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Pennsylvania Superior Court Addresses Tolling Provision of MCARE Act

By Daniel Cummins

August 10, 2020

In the case of Reibenstein v. Barax, No. 1624 (M.D.A. 2019 (Pa. Super. July 30, 2020 Olson, J., Dubow, J. and McLaughlin, J.) (Op. by McLaughlin, J.), the court referred the matter back to the trial court relative to a summary judgment motion on the statute of limitations in a medical malpractice case. The court noted that the Medical Care Availability and Reduction Error Act (“MCARE”) provides a statute of limitations that requires a Plaintiff…

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Split of Authority Continues on Propriety of Allegations of Recklessness and Sparks Spirited Debate

By Daniel Cummins

August 7, 2020

In the case of Whitney v. Albert Einstein Medical Center Philadelphia, November Term 2019, No. 03233, Control, No. 20060389 (C.P. Phila. Co. July 24, 2020 Tsai, J.), the court issued a detailed Order in which it, in part, allowed claims for recklessness and punitive damages to go beyond Preliminary Objections given that the court concluded that the references to “reckless” conduct or “recklessness” “satisfy the pleadings requirements under the Pennsylvania Rules of Civil Procedure” and…

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UIM Bad Faith Complaint Over Disputed Value Dismissed as Conclusory

Propriety of Utilizing a Learned Treatise At Trial Reviewed By Pennsylvania Superior Court

Third Circuit: Attempts To Amend Pleadings in Federal Court After Deadline Must Be Supported by Good Cause

A Painless Ethics CLE by Zoom by Daniel E. Cummins Set for this Friday — Few Spots Left — Reserve Your Spot Today!

Validity of Punitive Damages Claims in a Trucking Accident Case Addressed

Award of Attorney’s Fees Granted Under 42 Pa.C.S.A. Section 2503

Still Time to Register for Ethics CLE Before the August Compliance Deadline

Monroe County Bar Association Develops an Alternative Dispute Resolution Program

Pennsylvania Superior Court Addresses Tolling Provision of MCARE Act

Split of Authority Continues on Propriety of Allegations of Recklessness and Sparks Spirited Debate

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