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ARTICLE: "Litigating the Zero Verdict" by Daniel E. Cummins and Stephen T. Kopko

By Daniel Cummins on September 6, 2019

Here is a LINK to the Pennsylvania Lawyer magazine article written by Daniel E. Cummins and Stephen T. Kopko both of the Scranton insurance defense firm of Foley, Comerford & Cummins entitled “Litigating the Zero Verdict.”The article provides an overview of the propriety or impropriety of zero verdicts by juries under different circumstances in personal injury matters. The article also reviews the variety of arguments that can be raised by both sides in support of…

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Trial Judge’s Reduction of Punitive Damages Award Overturned by Third Circuit Court of Appeals

By Daniel Cummins on September 4, 2019

In the case of Jester v. Hutt, 2019 U.S. App. Lexis 25998 (3d Cir. Aug. 28, 2019 Hardiman, J., Porter, J., Cowen, J.), the Third Circuit Court of Appeals vacated a granting of a motion for remittitur by the trial court that served to substantially reduce an award in favor of the Plaintiff. According to the Opinion, the trial court had found that an award of $90,000.00 for punitive damages in a defamation case was…

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Judge Jones of Federal Middle District Addresses Motions to Dismiss in Lawsuit Arising Out of Alleged Sexual Assault on College Campus

By Daniel Cummins on August 29, 2019

In the case of Kennedy v. Gettysburg College, No. 1:19-CV-703 (M.D. Pa. Aug. 6, 2019 Jones, J.), the court granted in part and denied in part Motions to Dismiss filed by various Defendants in a case of alleged sexual assault at a college. According to the Opinion, the Plaintiff filed suit against the college alleging causes of action including a violation of Title IX, violation of the Plaintiff’s right to equal protection pursuant to 42…

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Judge Brann of Federal Middle District Issues Opinion Addressing Motions to Dismiss and/or Stay in College Hazing Case

By Daniel Cummins on August 29, 2019

In the case of Piazza v. Young, No. 4:19-cv-00128 (M.D. Pa. Aug. 27, 2019 Brann, J.), the court addressed various Motions to Dismiss and Motions to Stay in a civil lawsuit arising out of the fatal injuries sustained by a student at Penn State allegedly as a result of hazing activities in a fraternity. The court granted the motions in part and denied the motions in part. Of note, with respect to those fraternity brothers…

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Judge Zulick of Monroe County Addresses Services of Process on Out-of-State Defendants

By Daniel Cummins on August 29, 2019

In the case of Pacheco v. Pacheco, No. 5445-CV-2018 (C.P. Monroe Co. July 1, 2019 Zulick, J.), the court dismissed a motor vehicle accident after finding that the Plaintiffs failed to establish that they attempted service upon the Defendants in good faith. The court noted that the Defendants resided in another state and the Plaintiffs had attempted to serve them by certified mail. The case arose out of a motor vehicle accident that occurred in…

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Motion for Recusal Denied As Untimely

By Daniel Cummins on August 29, 2019

In the case of Philadelphia Cmty. Dev. Cole. v. Isabella, May Term, 2016, No. 04133 (C.P. Phila. Co. March 27, 2019 Powell, J.), the court addressed the current status of the Pennsylvania law surrounding a motion for recusal of a trial court judge. In denying the motion, the court noted that the parties seeking their recusal at a pattern of filing recusal motions at the trial level and on appeal, all of which had been…

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Punitive Damages Claims Allowed to Proceed in Distracted Driving Case

By Daniel Cummins on August 27, 2019

In the case of Baez v. Rosenberry, No. 19-CV-0131 (C.P. Union Co. July 31, 2019 Hudock, P.J.), the court overruled Preliminary Objections of a Defendant to allegations of distracting driving, reckless conduct, as well as with respect to a claim for punitive damages. According to the Opinion, the mirror of the Defendant’s vehicle struck the pedestrian Plaintiff while the Defendant’s vehicle was passing the Plaintiff as the Plaintiff was walking on the right shoulder of…

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Judge Caputo of Middle District Allows Uninsured Motorist Benefits Bad Faith Claim to Proceed

By Daniel Cummins on August 26, 2019

In the case of Fuentes v. USAA General Ind. Co., No. 19-CV-1111 (M.D. Pa. July 22, 2019 Caputo, J.), the court ruled that a Plaintiff had pled a plausible bad faith claim arising out of an uninsured motorist claim following a fatal auto accident. According to the Opinion, the facts of the case allegedly gave rise to a coverage issue on whether the deceased party’s father, who was the owner of the car at issue,…

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Judge Conner of Middle District Grants Bifurcation and Stay of Bad Faith Claims in Property Insurance Case

By Daniel Cummins on August 26, 2019

In the case of McFarland v. Harford Mut. Ins. Co., No. 1:18-cv-1664 (M.D. Pa. July 25, 2019 Conner, J.), the court addressed a Motion to Sever and Stay a bad faith claim in an insurance dispute over property damage caused by the collapse of a retaining wall. Judge Conner initially noted in his Opinion that Motions to Sever re governed by Federal Rule of Civil Procedure 21 and that Motions to Bifurcate are governed by…

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Clark v. Beers Court Reverses Itself and Allows Claim of Reckless Conduct to Proceed

By Daniel Cummins on August 25, 2019

A Tort Talk Blog post from last week reviewed the case of Clark v. Beers, No. 2019-GN-1484 (C.P. Blair Co. Aug. 13, 2019 Bernard, P.J.), in which the court granted a Defendant’s Preliminary Objections seeking the dismissal of allegations of recklessness in a motor vehicle versus pedestrian litigation but allowed the Plaintiff leave to amend the Complaint to add additional facts. Anyone wishing to review a copy of this decision may click this LINK. As…

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ARTICLE: "Litigating the Zero Verdict" by Daniel E. Cummins and Stephen T. Kopko

Trial Judge’s Reduction of Punitive Damages Award Overturned by Third Circuit Court of Appeals

Judge Jones of Federal Middle District Addresses Motions to Dismiss in Lawsuit Arising Out of Alleged Sexual Assault on College Campus

Judge Brann of Federal Middle District Issues Opinion Addressing Motions to Dismiss and/or Stay in College Hazing Case

Judge Zulick of Monroe County Addresses Services of Process on Out-of-State Defendants

Motion for Recusal Denied As Untimely

Punitive Damages Claims Allowed to Proceed in Distracted Driving Case

Judge Caputo of Middle District Allows Uninsured Motorist Benefits Bad Faith Claim to Proceed

Judge Conner of Middle District Grants Bifurcation and Stay of Bad Faith Claims in Property Insurance Case

Clark v. Beers Court Reverses Itself and Allows Claim of Reckless Conduct to Proceed

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