Daniel Cummins

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Daniel E. Cummins is a civil litigator and Partner in the Scranton, Pennsylvania law firm of Foley, Comerford & Cummins. He has served as a columnist for the Pennsylvania Law Weekly and appeared in the Best Lawyers in America Director every year since 2015. He is the creator and sole author of Tort Talk, a blog dedicated to discussing updates, trends, and thoughts regarding Civil Litigation Law.

Latest Articles

In the case of Murga v. Lehigh Valley Physicians Group, No. 2016-C-1691 (C.P. Leh. Co. Nov. 26, 2018 Johnson, J.), the court found that the Defendants were not entitled to summary judgment on the Plaintiff’s claim for negligent infliction of emotional distress because the Plaintiff sought relief under multiple plausible theories and given that the case for summary judgment was not free and clear from doubt.   In this matter, the Plaintiff alleged a medical malpractice…
In the cases of Clarke v. Liberty Mutual Insurance Company, 3:18-CV-1925 (M.D. Pa. Feb. 11, 2019 Caputo, J.), and Moran v. USAA, No. 3:18-CV-2085 (M.D. Pa. Dec. 12, 2018Caputo, J.), the court again addressed Motions to Dismiss Bad Faith Claims and granted the same, thereby dismissing these cases with prejudice.  It is noted that the Complaints in these two (2) cases were previously dismissed by Judge Caputo without prejudice and the Plaintiff was granted leave…
In the case of Massaro v. Tincher Constr., 2019 Pa. Super 44 (Pa. Super. Feb. 19, 2019 Bender, P.J.E., Nichols, J., Stevens, P.J.E.), the Pennsylvania Superior Court addressed the propriety of an appeal from an Order entering summary judgment for less than all of the Defendants.   The court ruled that an appeal from an Order entering summary judgment for one (1) Defendant but not other Defendants was not immediately appealable under the Pennsylvania Rules of Appellate…
In the case of Gussom v. Teagle, April Term, 2018, No. 03821 (C.P. Phila. Co. Jan. 3, 2019 Patrick, J.), the court granted a Defendant’s Preliminary Objections seeking the dismissal of a Plaintiff’s Complaint for failure to complete service before the expiration of the statute of limitations.   This matter arose out of a motor vehicle accident that occurred on July 26, 2016.   The Plaintiff filed a Complaint against the Defendant on April 26, 2018.   The Plaintiff was unable…
In the case of Cruz v. The Midwives & Assoc., Inc., No. 2017-C-3103 (C.P. Leh. Co. Dec. 3, 2018 Johnson, J.), the court ruled that the Defendants were not entitled to open a default judgment where their failure to timely file a responsive pleading was not excusable.    In this matter, after the filing and service of a Writ of Summons and a Complaint, the Defendants failed to file a responsive pleading.   The Plaintiff then issued…
In the case of Horvath v. Globe Life & Accident Ins. Co., No. 3:18-CV-84 (W.D. Pa. Feb. 28, 2019 Gibson, J.), the court denied a Plaintiff’s Motion to Compel a Defendant carrier in a bad faith claim to identify all bad faith suits in which it was involved over the preceding ten (10) years.   In denying this Motion to Compel by the Plaintiff, the court essentially ruled that the other, prior bad faith claims were…
In the cases ofClarke v. Liberty Mutual Insurance Company, No. 3:18-CV-1925 (M.D. Pa. Feb. 11, 2019 Caputo, J.), and Moran v. USAA, No. 3:18-CV-2085 (M.D. Pa. Feb. 14, 2019 Caputo, J.), the court again addressed refiled Motions to Dismiss Bad Faith Claims and granted the same, thereby dismissing these cases with prejudice.  It is noted that the Complaints in these two (2) cases were previously dismissed by Judge Caputo without prejudice and the Plaintiff was…
In the case of Robinson v. Marett, No. 10672 of 2018, C.A. (C.P. Lawrence Co. Dec. 20, 2018 Motto, P.J.), the court overruled the Defendants’ Preliminary Objections regarding issues of negligent entrustment and punitive damages in a motor vehicle accident case.   The Defendants’ preliminarily objected to the Plaintiff’s Complaint asserting that the claim for negligent entrustment was legally insufficient because there was no evidence to establish that the driver was incompetent to operate the vehicle…
I was recently made aware of the below older Facebook Discovery/Admissibility cases These cases have been added to the Facebook Discovery Scorecard on the Tort Talk Blog and which can always be freely accessed by going to www.TortTalk.com, scrolling down the right hand column and clicking on the date below the title “Facebook Discovery Scorecard.” One of the benefits of the Facebook Discovery Scorecard is that you can click on the case names on the Scorecard…
In the case of Youse v. Johnson & Johnson, No. 18-3578 (E.D. Pa. Jan. 16, 2019 Baylson, J.), the court denied a Motion to Remand and denied a Motion to Dismiss filed by a Defendant on jurisdictional grounds.   The court ruled that general jurisdiction by consent may be established where a Defendant’s only contact with Pennsylvania is the Defendant’s registration within the state to do business.   Judge Baylson noted that, until the United States Supreme…