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…
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…
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…
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…
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…
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…
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…
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…
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…
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…