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.

Report of Consulting Firm Retained By Defendant After Industrial Accident Ruled Discoverable

By Daniel Cummins

April 21, 2021

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In the case of Vimelson v. Johnson Mathey, Inc., 2021 Pa. Super. 20 (Pa. Super. Feb. 17, 2021 Bender, P.J.E., Lazarus J., Stevens, P.J.E.) (Op. by Lazarus, J.), the Pennsylvania Superior Court affirmed the trial court’s decision that a Defendants’ consulting firm’s report, which was prepared after an employee died in an industrial accident, was discoverable because the consulting firm was not hired, and their report was not prepared, in anticipation of litigation. According to…

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Court Excuses Delays Related to COVID-19 Pandemic With Respect to Completion of Service of Process

By Daniel Cummins

April 19, 2021

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In the case of Pasquariello v. Manwiller, No. C-48-CV-2020-00607 (C.P. North. Co. Jan. 11, 2021 Murray, J.), the court denied a Defendant’s Preliminary Objections against the Plaintiff’s Complaint in which the Defendants asserted a lack of personal jurisdiction based upon untimely service. The court rejected the Defendant’s contention that the Plaintiffs had stalled the legal machinery that they had set in motion by way of the filing of the lawsuit. Rather, the court found that…

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U.S. Supreme Court Latest Pronouncement on Personal Jurisdiction Over Out-of-State Defendants In a Products Liability Case

By Daniel Cummins

April 16, 2021

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United States Supreme Court The United States Supreme Court recently issued a notable decision in the case of Ford Motor Co. v. Montana Eighth Judicial District Court, No. 19-368 (U.S. March 25, 2021), in which the Court affirmed a decision finding the existence of personal jurisdiction over products liability claims by an in-state plaintiff for in-state injuries against an out-of-state defendant. Defendant Ford had sought to extend the Supreme Court’s decision in Bristol-Myers Squibb Co.…

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Pennsylvania Superior Court Addresses Claims of Corporate Negligence in a Medical Malpractice Case

By Daniel Cummins

April 15, 2021

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In the case Ruff v. York Hospital, 2021 Pa. Super. 39 (Pa. Super. March 11, 2021 Shogan, J., Stabile, J., and Murray, J.) (Op. by. Shogan, J.), the court affirmed the lower court’s denial of a Plaintiff’s post-trial motions in a medical malpractice case in which a defense verdict was entered. In so ruling, the Pennsylvania Superior Court touched upon a number of different issues pertinent to medical malpractice cases. The Superior Court emphasized…

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Pennsylvania Superior Court Reverses Trial Court Decision to Transfer Venue of a Products Liability Case Out of Philadelphia County

By Daniel Cummins

April 13, 2021

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In the case of Hangey v. Husqvarna Professional Products, Inc., No. 3296 EDA 2017 (Pa. Super. March 8, 2021) (en banc), the court reversed the trial court’s granting of Preliminary Objections on venue issues. The court found that it was an abuse of discretion to change venue out of Philadelphia based solely on the Defendant conducting only de minimis business in that county. The Superior Court noted that “regular” conduct of business does not mean…

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Eastern District Court in Philadelphia Transfers Wal-Mart Slip and Fall Case to Middle District Court

By Daniel Cummins

April 13, 2021

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In the case of Darrup v. Wal-Mart Stores East, LP, No. 2:20-CV-05450-JDW(E.D. Pa. Feb. 18, 2021 Wolson, J.), the court granted a Defendant store’s Motion to Transfer the Case from the Eastern District Federal Court in Philadelphia to the Middle District Court of Pennsylvania. Judge Joshua D. Wolson began his Opinion by writing, “Philadelphia has much to recommend it. World class cuisine. Great universities. Gritty. But one thing that Philadelphia, and the Eastern District of…

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Cummins Mediation Services Can Help Bring Your Case to a Close

By Daniel Cummins

April 9, 2021

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(570) 319-5899 DanCummins@CumminsLaw.net…

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Federal Court Addresses Validity of Direct Claims of Liability Asserted Against Trucking Company

By Daniel Cummins

April 9, 2021

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In the case of Miller v. M.H. Malueg Trucking, Co., LLC, No. 2:20-CV-00413-RJC (W.D. Pa. March 8, 2021 Colville, J.), the court granted a Defendant trucking company’s Motion to Dismiss a Plaintiff’s direct negligence claim against the trucking company arising out of a motor vehicle accident after the court found that the Plaintiff had conceded that she had not pled facts sufficient to support a claim for punitive damages that could serve as the predicate…

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Jurisdiction Challenge Rejected Given that Defendant Company Was Registered in Pennsylvania as of the Date the Claim Was Filed

By Daniel Cummins

April 7, 2021

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In the exposure to asbestos case of Data v. AO Smith Corp., No. 2:19-CV-00879-CRE (W.D. Pa. Feb. 11, 2021 Eddy, Mag. J.), a federal magistrate judge issued a Report and Recommendation it which it was recommended that the District Court deny a Defendant’s Motion to Dismiss the case based upon jurisdictional arguments. The court ruled that Pennsylvania’s statute imposes general jurisdiction on all companies registering to do business in Pennsylvania is constitutional. Notably, the court…

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Save The Date: Lackawanna Pro Bono Golf Tournament

By Daniel Cummins

April 2, 2021

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Foley, Comerford & Cummins

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Report of Consulting Firm Retained By Defendant After Industrial Accident Ruled Discoverable

Court Excuses Delays Related to COVID-19 Pandemic With Respect to Completion of Service of Process

U.S. Supreme Court Latest Pronouncement on Personal Jurisdiction Over Out-of-State Defendants In a Products Liability Case

Pennsylvania Superior Court Addresses Claims of Corporate Negligence in a Medical Malpractice Case

Pennsylvania Superior Court Reverses Trial Court Decision to Transfer Venue of a Products Liability Case Out of Philadelphia County

Eastern District Court in Philadelphia Transfers Wal-Mart Slip and Fall Case to Middle District Court

Cummins Mediation Services Can Help Bring Your Case to a Close

Federal Court Addresses Validity of Direct Claims of Liability Asserted Against Trucking Company

Jurisdiction Challenge Rejected Given that Defendant Company Was Registered in Pennsylvania as of the Date the Claim Was Filed

Save The Date: Lackawanna Pro Bono Golf Tournament

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