In the medical malpractice case of Garvey v. Adamo, No. 19-CV-1893 (C.P. Lacka. Co. June 9, 2020 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas addressed discovery issues pertinent to a Defendant’s objections to a Plaintiff’s notice to serve a subpoena upon the Attorney General’s Office regarding charges filed against one of the Defendant doctor’s for alleged charges of improperly prescribing and distributing controlled substances.  The basis for the…

Lackawanna County Court of Common Pleas In the case of Rao v. Menzel, No. 18-CV-2102 (C.P. Lacka. Co. April 24, 2020 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas reviewed the Local Rules of that Court and confirmed that there is no longer a right of appeal with respect to discovery rulings given the previous change in the Local Rules. By way of background, several years ago, the Lackawanna…

Sometimes a decision out of the worker’s compensation arena can provide guidance on issues that effect civil litigation matters. On June 16, 2020, the Pennsylvania Supreme Court issued its decision in Dana Holding Corporation v. WCAB (Smuck), 44 MAP 2019 (Pa. 2020)(Op. By Saylor, C.J.)(Dougherty, J., concurring), which provides guidance on whether another decision striking down a statute as unconstitutional had retroactively effective or not. In the case of Dana Holding, the Court addressed the…

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 1 Hour of Substantive CLE Distance Learning Credit Friday, July 10, 2020 –  1:00 p.m. Created By:   Daniel E. Cummins, Esq. – Moderator and Presenter Additional Presenters: Judge Thomas M. Blewitt (ret.) Richard G. Fine, Esq. Thomas…

In the case of Kozlowski v. JFBB Ski Areas, Inc., No. 3:18-CV 353 (M.D. Pa. May 13, 2020 Mariani J.), the court addressed issues pertaining to punitive damages discovery in a skiing accident case.  In this Opinion, the court ruled that a Plaintiff does not have to specifically pled punitive damages in order to seek such damages. The court also note that a Plaintiff is not required to produce evidence of the Defendant’s financial condition…

CHRISTMAS IN JULY WITH TORT TALK: A HOLIDAY THEMED CIVIL LITIGATION UPDATE by Daniel E. Cummins, Esq. Cummins Law Clarks Summit, PA Annual Meeting of the Pennsylvania Defense Institute July 15-17, 2020 (Tort Talk Seminar is on July 16, 2020) Bedford Springs Resort Bedford Springs, PA *   *   * For the second year in a row, I have been requested to present a civil litigation update CLE presentation at the Annual Meeting of the Pennsylvania Defense…

Here’s a LINK to the Pennsylvania Bar Association’s guide entitled “Reopening Your Practice” for your review if desired.  It is republished here with the permission of the Pennsylvania Bar Assocation. This guide was created by the Pennsylvania Bar Association and its Covid-19 Task Force.  More fine work under the Presidency of Attorney David E. Schwager, Esq. of the Wilkes-Barre, PA law office of Chariton, Schwager & Malak.…