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.

Interesting Thoughts by Judge Richard B. Klein (ret.) On Trials in the Post-Covid-19 World

By Daniel Cummins

July 14, 2020

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The Post-Coronavirus World – Virtual or Not There Will Be Problemsby Richard B. Klein (ret.) July 7, 2020(Reprinted here with permission) Everybody has been talking about problems doing jury trials “virtually.” Grudgingly lawyers are coming around to the belief that online mediations and even online arbitrations actually work. Some actually think they are preferable. But most lawyers still are reluctant to consider online jury trials. However, even if the courts open up and criminal jury…

Tort Talk

Jury Trial Completed in California With Virus-Related Safeguards in Place

By Daniel Cummins

July 14, 2020

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Here is a LINK to an article from the website Law 360 written by Y. Peter Kang and entitled “Calif. Jury Reconvenes to Award $10.5M in Virus-Delayed Trial. According to the article, the trial started before the pandemic and was then recently convened and tried to verdict. The jury was given the option to use masks or face shields. Some jurors were in the box and some were spread out into the gallery. The number…

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Motion To Bifurcate Trial Denied in Federal Middle District Court

By Daniel Cummins

July 13, 2020

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In the case of Cleveland Brothers Equipment Co., Inc. v. Vorobey, No. 4:19-CV-01708 (M.D. Pa. June 23, 2020 Brann, J.) (Mem. Op.), Judge Matthew W. Brann denied a Plaintiff’s Motion to Bifurcate a trucking accident litigation with respect to the issues of liability and damages. This matter actually involves a contribution action filed by the Plaintiff trucking company against Co-Defendants after the underlying personal injury cases were resolved. The trucking company was a defendant in…

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A Successful Encore Presentation of the "Mediation/Arbitration Tips" Zoom CLE — Would You Like Us To Present it to Your Group?

By Daniel Cummins

July 11, 2020

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Another successful presentation of the “Mediation/Arbitration Tips” CLE via Zoom created by Daniel E. Cummins of Cummins Law and Cummins Mediation Services took place on Friday, July 10, 2020 for the benefit of the Luzerne County Bar Association. There were over 100 registrants in attendence for the seminar, which provided the audience with tips on how to improve one’s chances for success at Mediations or Arbitrations. I send thanks to all who attended the program. The…

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Dates Open To Schedule a Mediation with CUMMINS MEDIATION SERVICES

By Daniel Cummins

July 10, 2020

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Need help bringing your case to a close? Please consider Cummins Mediation Services. Resume and Fee schedule available on request. Please contact me at dancummins@CumminsLaw.net or at 570-319-5899 to set up your Mediation. Here is an Alphabetical List of just some of the Firms that have retained Cummins Mediation Services to help them bring their case(s) to a close, along with attorneys in those firms you could contact for a reference regarding their experience with…

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Links To Written Materials for Today’s MEDIATION/ARBITRATION TIPS CLE

By Daniel Cummins

July 10, 2020

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Presenting the below CLE Seminar today. To access the written materials for the event (two articles on tips to improve your chances for success at ADR proceedings written by Daniel E. Cummins), please click HERE and HERE. The Wilkes-Barre Law & Library Association is hosting A ZOOM CLE Presented By Free For W-BLLA Members $35.00 For Non-Members “MEDIATION/ARBITRATION TIPS” (The W-BLLA (#53) is now accredited as a Distance Learning Provider.) This Program Provides…

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Important Issue of Jurisdiction Found To Have Been Waived

By Daniel Cummins

July 8, 2020

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In the case of Murray v. American LaFrance, 2020 Pa. Super. 149 (Pa. Super. June 25, 2020) (en banc) (Op. by Bowes, J.), the en banc Pennsylvania Superior Court addressed whether Pennsylvania has general personal jurisdiction over a Delaware company with its principal place of business in Illinois exclusively due to the Defendant’s 1969 registration with the Pennsylvania Department of State as a foreign corporation pursuant to 15 Pa. C.S.A. §411(a). The en banc panel…

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Eastern District Court of Pennsylvania Addresses Issues of Personal Jurisdiction

By Daniel Cummins

July 8, 2020

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In the case of Crockett v. Luitpold Pharmaceuticals, Inc., No. 19-276 (E.D. Pa. June 11, 2020 Beetlestone, J.), the court granted a Motion to Dismiss on personal jurisdiction grounds. That a Defendant who designed a product that harmed an individual in Pennsylvania, in and of itself, is insufficient to establish jurisdiction The court also ruled that a steam of commerce is not a viable jurisdictional theory. The court in this Crockett case more specifically indicated…

Tort Talk

Have You Registered (Even if only to attend the CLE and Lunch)?

By Daniel Cummins

July 7, 2020

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Please come out and support a good cause. Even if you do not golf, you can support Lackawanna Pro Bono by coming out for the seminar set for 11 a.m. and enjoying the pre-golf lunch.…

Tort Talk

First Substantive Decision in the Nation (out of Michigan) on a Covid-19 Business Interruption Coverage Question Favors the Carrier (Donegal)

By Daniel Cummins

July 7, 2020

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Here is a LINK to a blog post reporting on what is noted to be the first substantive decision across the nation on a Covid-19 Business Interruption Coverage question. The decision was handed down by a Michigan state court on July 1, 2020 and favored the carrier, which was a division of Donegal Insurance, by dismissing the Complaint as a matter of law. According to the blog post, the court in Michigan found that “direct…

Foley, Comerford & Cummins

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Interesting Thoughts by Judge Richard B. Klein (ret.) On Trials in the Post-Covid-19 World

Jury Trial Completed in California With Virus-Related Safeguards in Place

Motion To Bifurcate Trial Denied in Federal Middle District Court

A Successful Encore Presentation of the "Mediation/Arbitration Tips" Zoom CLE — Would You Like Us To Present it to Your Group?

Dates Open To Schedule a Mediation with CUMMINS MEDIATION SERVICES

Links To Written Materials for Today’s MEDIATION/ARBITRATION TIPS CLE

Important Issue of Jurisdiction Found To Have Been Waived

Eastern District Court of Pennsylvania Addresses Issues of Personal Jurisdiction

Have You Registered (Even if only to attend the CLE and Lunch)?

First Substantive Decision in the Nation (out of Michigan) on a Covid-19 Business Interruption Coverage Question Favors the Carrier (Donegal)

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