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By: Foley, Comerford & Cummins

Latest from Tort Talk - Page 2

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The Mock Trial Competition in northeastern Pennsylvania is looking for volunteers for the Mock Trial Regional Competition being held on Tuesday March 12, 2019 at 6:00 PM in the Monroe County Courthouse in Stroudsburg, PA. The winner of the Lackawanna County Mock Trial Competition will take on the winner of the Poconos Mock Trial Competition. The Finals of the Lackawanna Mock Trial Competition is tonight at the Federal Courthouse in Scranton, PA.  Contact the Lackawanna Bar Association…
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In the case of Petra v. Pennsylvania Nat’l Mut. Ins. Co., No. 505 MDA 2018 (Pa. Super. Jan. 16, 2019 Ott, J., McLaughlin, J., Ford Elliot, P.J.E.) (Non-precedential Op. by McLaughlin, J.), the court ruled that an exclusion in an auto insurance policy precluded coverage of a motorcyclist’s claims for injuries he suffered when he collided with another driver’s motorcycle.   The court found that the motorcyclist was “occupying” the motorcycle even after colliding with the…
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Pursuant to amendments to Pa.R.A.P. 126, effective May 1, 2019 and going forward, judges and litigators will be permitted to cite to all Pennsylvania Superior Court memorandum opinions as persuasive precedent on the issues presented.  As the amendments to Pa.R.A.P. 126 are not retroactive, previous memoranda opinions issued by the Pennsylvania Superior Court still cannot be cited as precedential.  As such it is important to remember to look at the date of any unpublished Superior…
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In the case of Hutchinson v. State Farm Fire & Cas. Co., No. 18-CV-2588 (E.D. Pa. Jan. 28, 2019 Goldberg, J.), Judge Mitchell S. Goldberg set out useful examples and principles regarding the removal of statutory bad faith claims to the federal court.   Essential issue in this regard is the degree of certainty required to measure claims made against the federal court jurisdictional requirement that a case has a value of at least $75,000.00.   What…
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Below are the dates for the Mock Trial Competition in LACKAWANNA COUNTY and information on how to register to serve as a Juror.  Many attorneys are needed to fill many Jury Boxes on these last few dates for the Competition in Lackawanna County.  Can you help? Trial Dates: Semi-Finals Tuesday, March 5, 2019 at 6:00 p.m. Thursday, March 7, 2019 at 6:00 p.m. Locations to be determined Either Lackawanna County Court of Common Pleas orWilliam J. Nealon…
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Below are the dates for the Mock Trial Competition in LACKAWANNA COUNTY and information on how to register to serve as a Juror.  Many attorneys are needed to fill many Jury Boxes on these last few dates for the Competition in Lackawanna County.  Can you help? Trial Dates: Semi-Finals Tuesday, March 5, 2019 at 6:00 p.m. Thursday, March 7, 2019 at 6:00 p.m. Locations to be determined Either Lackawanna County Court of Common Pleas orWilliam J. Nealon…
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In the case of Vu v. Ski Liberty Operating Corp., No. 18-1769 (3d Cir. Feb. 12, 2019 Chagares, Bibas, Sanchez, JJ.) (Op. by Chagares, J.)(Listed as “Not Precedential”), the court entered judgment in favor of a Defendant in a skiing accident case.  The court ruled that, under the Skier’s Responsibility Act, ski resorts have no duty to protect skiers from the inherent risk of the sport.   The court noted that losing control and skiing off…
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In the case of Kuehner v. Abdulqader, No. 2018-CV-4215 (C.P. Lacka. Co. Feb. 15, 2019 Nealon, J.), the court addressed Preliminary Objections filed by a trucking Defendant seeking the dismissal of allegations of “gross, wanton, and reckless conduct” along with the accompanying claims for punitive damages as set forth in the Plaintiff’s Complaint.   After reviewing the standard of review for a demurrer, the court ruled that the Defendant’s Preliminary Objections were overruled. The court noted…
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In the case of Santiago v. Yates, No. 2018-CV-4504 (C.P. Lacka. Co. Feb. 14, 2019 Nealon, J.), the court reviewed various Preliminary Objections filed by a Defendant in a motor vehicle accident case.   In particular, the Defendant filed Preliminary Objections against the Plaintiff’s allegations of the Defendant’s alleged reckless operation of his vehicle while under the influence of alcohol and a controlled substance along with the Plaintiff’s request for punitive damages.    The Plaintiff additionally alleged…
In the case ofBuck v. Geico, No. 18-5148 (E.D. Pa. Jan. 23, 2019 DuBois, J.), the court granted the carrier’s 12(b)(6) Motion to Dismiss the Plaintiff’s Bad Faith Claim but granted the Plaintiff leave to file an Amended Complaint.   This case arose out of a motor vehicle accident and a UIM claim.   In this case, the carrier disagreed with the Plaintiff’s contention as to the liability issues.   The carrier initially concluded that the collision was…