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Please Save the Date – September 25th – Mediation/Arbitration Tips to be Presented Again

August 24, 2020

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The Zoom CLE entitled “Mediation/Arbitration Tips” that I created and previously presented in Luzerne and Lackawanna County is set to be presented again, this time in Monroe County on September 25th.We have expanded the progam to 1.5 hours and we are adding Attorney Gerard J. Geiger of Monroe County to the All-Star cast of presenters that will also include Judge Thomas Blewitt (ret.), Attorney Richard G. Fine, Attorney Thomas B. Helbig, Attorney Lucille Marsh, Judge…

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Some Courts Continue to Allow Allegations of Recklessness Regardless of the Facts of the Case

By Daniel Cummins

August 24, 2020

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The differences of opinion on how to handle claims of recklessness in a personal injury Complaint continues across Pennsylvania. Here is a LINK to a detailed Order issued by Judge Lachman of the Philadelphia County Court of Common Pleas in the case of Samuel v. CVS Pharmacy, Inc., Feb. Term 2020, No. 00511, Control No. 20052148 (C.P. Phila. Co. July 24, 2020). In this case, the court overruled the Preliminary Objections asserted by the defense…

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Split of Authority on Propriety of Allegations of Recklessness in the Absence of Supporting Facts Continues

By Daniel Cummins

August 24, 2020

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The split of authority continues with respect to how Pennsylvania trial courts are viewing what level of pleading is necessary to support a claim of recklessness in a personal injury matter. One line of that authority holds that anyone can claim recklessness in any case whatsoever regardless of the facts presented. Under a second line of authority, such as those decisions out of Monroe County and other counties, trial court judges are heeding to the…

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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…

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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…

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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…

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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

Blog Authors

Please Save the Date – September 25th – Mediation/Arbitration Tips to be Presented Again

Some Courts Continue to Allow Allegations of Recklessness Regardless of the Facts of the Case

Split of Authority on Propriety of Allegations of Recklessness in the Absence of Supporting Facts Continues

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

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