Tort Talk

Subscribe
Visit Blog
By: Foley, Comerford & Cummins

Latest from Tort Talk - Page 2

banner-10849-wbr-gallagher-v-geico-pa-2.png
The Pennsylvania Supreme Court’s January 2019 decision in the case of Gallagher v. GEICO has reversed many years of precedent and created a seismic shift in the law. Attorneys Scott B. Cooper of the Harrisburg, PA law firm of Schmidt Kramer and Daniel E. Cummins of the Scranton, PA law firm of Foley, Comerford & Cummins, have developed this engaging 1-hour live webinar, reviewing the history of the law on the validity of the Household Exclusion in automobile insurance policies in Pennsylvania. The fallout…
Pennsylvania2B2528RED2529.jpg
The case of In re Asbestos Products Liability Litigation (No. IV), No. 18-3622 (E.D. Pa. June 6, 2019 Robreno, J.),  handed down on Friday alters the course of personal jurisdiction law in Pennsylvania relative to corporations. In reviewing the history of the law on this issue, the court noted that, in 2014, the United States Supreme Court decided the case of Daimler AG v. Bauman, 571 U.S. 117 (2014) which brought about “a sea change”…
In the case of Bloxham v. Allstate Insurance Company, No. 3:19-CV-0481 (M.D. Pa. May 2, 2019 Caputo, J.), the court granted a Motion to Dismiss in a property damage fire loss breach of contract bad faith claim against the carrier, but allowed the Plaintiff the right to file an Amended Complaint.   According to the Opinion, this case involved a central issue of whether the insureds resided at a property when a fire loss occurred.   Given…
two-bites-of-the-apple-def.jpg
In the case of Amica Mut. Ins. Co. v. Das, No. 18-CV-1613 (E.D. Pa. May 8, 2019 Jones, II, J.), the court granted a Motion to Dismiss a UIM bad faith claim and punitive damages claim with prejudice after a Plaintiff failed at a second attempt to properly pled such a claim after having been given the right to amend. The court emphasized that “a bad faith claim is ‘fact specific’ and depends upon the…
Restroom.png
In the case of Watson v. Boston Market, No. 17-5648 (E.D. Pa. March 22, 2019 DuBois, J.), the court granted summary judgment in a slip and fall case after the Plaintiff failed to provide evidence that the Defendant created a harmful condition or had actual or constructive notice of such a condition.   According to the Opinion, the Plaintiff slipped and fell on water on the floor of a restaurant bathroom. Thereafter, the Plaintiff saw water…
banner-10849-wbr-gallagher-v-geico-pa.png
The Pennsylvania Supreme Court’s January 2019 decision in the case of Gallagher v. GEICO has reversed many years of precedent and created a seismic shift in the law. Attorneys Scott B. Cooper of the Harrisburg, PA law firm of Schmidt Kramer and Daniel E. Cummins of the Scranton, PA law firm of Foley, Comerford & Cummins, have developed this engaging 1-hour live webinar, reviewing the history of the law on the validity of the Household Exclusion in automobile insurance policies in Pennsylvania. The fallout…
Old2BLaw.jpg
In the case of Quick v. Assadinia, No. 1013 MDA 2018 (Pa. Super. March 28, 2019 Ott, J., Nichols, J., and Bellegrini, J.) (Mem. Op. by Bellegrini, J.) (Non-precedential), the Pennsylvania Superior Court upheld the dismissal of a dental malpractice action after the trial court excluded the Plaintiff’s expert testimony following a Frye challenge by the defense.   In its Opinion, the Pennsylvania Superior Court again confirmed that it is well-established that, in a medical malpractice…
Gump2Bbox2Bof2Bchocolates.jpg
Daniel E. Cummins of the Scranton, PA law firm of Foley, Comerford & Cummins, along with Attorney Paul Oven of the Moosic, PA law firm of Dougherty, Leventhal & Price, will be providing an encore presentation of their CLE seminar entitled “The Law is Like a Box of Chocolates:  A Forrest Gump Themed Civil Litigation Update” for the Monroe County Bar Association today at the Bar Association’s office in Stroudsburg, PA.  Walk-ins are welcome. Here is a …
banner-10849-wbr-gallagher-v-geico-pa.png
The Pennsylvania Supreme Court’s January 2019 decision in the case of Gallagher v. GEICO has reversed many years of precedent and created a seismic shift in the law. Attorneys Scott B. Cooper of the Harrisburg, PA law firm of Schmidt Kramer and Daniel E. Cummins of the Scranton, PA law firm of Foley, Comerford & Cummins, have developed this engaging 1-hour live webinar, reviewing the history of the law on the validity of the Household Exclusion in automobile insurance…