Foley, Comerford & Cummins

Foley, Comerford & Cummins Blogs

Blog Authors

Latest from Foley, Comerford & Cummins

In the case of Warrick v. Scranton Quincy Hospital Co., LLC, No. 16-CV-1923 (C.P. Lacka. Co. March 25, 2019 Nealon, J.), the court granted Defendants’ Motions for Summary Judgment in a medical malpractice case where a Plaintiff failed to produce expert reports in support of the claims presented by the expiration of the Plaintiff’s expert deadline imposed upon the Plaintiff.   According to the Opinion, the Plaintiff filed this malpractice action against numerous Defendants asserting a…
The Pennsylvania Supreme Court’s January 2019 decision in the case of Gallagher v. GEICO has reversed many years of precedent and created a seismic shift in the law. At the request of the Pennsylvania Bar Institute (PBI), Attorneys Scott B. Cooper of the Harrisburg, PA law firm of Schmidt Kramer and Daniel E. Cummins of the Scranton, PA law firm of Foley, Comerford & Cummins, have developed this engaging 1-hour live webinar, reviewing the history of the law on the validity of the Household…
Need help bringing your case to a close?  Please consider utilizing CUMMINS MEDIATION SERVICES.  Both sides will be pushed and/or pulled in a polite but firm and professional manner to that point where both sides are somewhat dissatisfied with the result but more than satisfied to agree to settle the matter. To schedule a Mediation, please contact me at dancummins@comcast.net or at 570-346-0745. Resume and fee schedule available upon request.
It’s hard to believe we are getting into June already–the sixth month of the year.  As we are at the mid-point of the year, I thought I would republish the below article of mine from the June 30, 2008  edition of the Pennsylvania Law Weekly. A Mid-Year TuneupTen tips to improve your practice and reduce stress By Daniel E. Cummins, EsquirePennsylvania Law WeeklyJune 30, 2008 There is no better time of year than the month of June,…
In the case of Livingston v. Greyhound Lines, Inc., No. 318 EDA 2017 (Pa. Super. April 29, 2019 Colins, J., Lazrus, J., Kunselman, J.) (Op. by Colins, J.), the court affirmed the entry of a judgment in favor of the Plaintiff following post-trial motions in a motor vehicle accident matter.  On appeal, the appellate court noted that evidence of alcohol or drug consumption by a person involved in an accident is admissible in a personal…
July 8, 2019 at noon:  Gallagher v. GEICO:  A Seismic Change in UIM Litigation  I have been advised by the PBI that the Webinar: Gallagher v. GEICO:  A Seismic Change in UIM Litigation created by myself and Scott Cooper has been rescheduled to take place on July 8, 2019 at noon. Once the online Registration form is created, I will post it here. July 11, 2019 at 9:30 a.m.:  A Forrest Gump Themed Civil Litigation Update I will be…
The standards for a federal court Motion to Remand a Case were recently addressed in the matter of Gentry v. Sikorsky Aircraft Corp., No. 15-1326 (E.D. Pa. April 22, 2019 Pratter, J.).   According to the Opinion, the corporate Defendants in this matter removed the case from Pennsylvania state court where the Defendants were citizens of Delaware and Connecticut and had complete diversity from the Plaintiff, who was a citizen of Tennessee, and were all of…
In the case of Bayview Loan Srv. v. Wicker, No. 3 WP 2018 (Pa. March 28, 2019), the Pennsylvania Supreme Court declined to adopt a bright-line rule forbidding authentication of documents recorded by a third party and not the records custodian of the documents at issue. In this case involving litigation over a mortgage foreclosure, the Court noted that the parties agreed that current Pennsylvania precedent allows a records custodian to authenticate documents even if…
Yesterday’s planned webinar on Gallagher v. GEICO:  A Seismic Shift in UIM Litigation” was cancelled at the last minute due to technical issues.  While it was beyond our control, I do apologize for any inconvenience caused to anyone by the cancellation. The Pennsylvania Bar Institute has noted that the webinar, created by Attorneys Scott B. Cooper of the Harrisburg, PA law firm of Schmidt Kramer and Daniel E. Cummins of the Scranton, PA law firm of Foley, Comerford & Cummins, will be…
The Pennsylvania Superior Court issued a notable but “Non-precedential” decision on May 28, 2019 in the case of IDS Prop. Cas. Ins. Co. v. Piotrowski, No. 2546 EDA 2018 (Pa. Super. Ct. May 28, 2019 Lazarus, J., Colins, J., Kunselman, J.) (Non-Precedential Mem. Op. by Kunselman, J.), involving the amount of the credit due to a UIM carrier. In this underinsured motorist claim there was a dispute over how much of a credit the underinsured motorist…