No More Leaving Jurors Alone with the Attorneys (unless agreed)On January 7, 2025, the Pennsylvania Supreme Court approved a change to the Pennsylvania Rules of Civil Procedure to include a mandate that a trial court judge be present in the courtroom for jury selections in civil cases unless the litigants opt out of the requirement.
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Court Rejects Defense Contention that Bad Faith Conduct on Part of Plaintiff Prevented a Timely Removal to Federal Court
In the case of Gainer v. Bordertown Transp., Inc., No. 2:24-CV-01296-KNS (E.D. Pa. Dec. 2, 2024 Scott, J.), the Federal Eastern District Court granted a Plaintiff’s Motion for a Remand of a personal injury litigation to state court where the federal court found that the Plaintiff’s litigation conduct while the case was at the…
Superior Court Reaffirms The Law on Limitations To Scope of Expert Opinions By Treating Physicians
In the case of Kunkel v. Abington Memorial Hospital, No. 2024 Pa. Super. 298 (Pa. Super. Dec. 13, 2024 Stabile, J., Lane, J., and Lazarus, J.) (Op. by Stabile, J.) (Lazarus, J., concurring in the result), the Pennsylvania Superior Court addressed various issues regarding expert testimony in a medical malpractice case. On one issue,…
Court Grants Summary Judgment on Recklessness and Punitive Damages Claims in a Trucking Accident Case
In an Opinion that is tersely worded at times in the case of Medina v. One Stop Center, Inc., No. 2:22-CV-01031-CB (Jan. 2, 2025 Bissoon, J.), the court granted a Defendant’s Motion for Summary Judgment on a claim for punitive damages in a trucking accident case. In so ruling, the court also reject the…
Try Eagles Try
In the case of Philadelphia Eagles Limited Partnership v. Factory Mut. Ins. Co., No. 2:21-CV-01776-MMB (E.D. Pa. Dec. 13, 2024 Baylson, J.), the court denied a Motion for Reconsideration filed by the Plaintiff, Philadelphia Eagles, relative to the court’s previous decision to dismiss its Complaint in this coverage action related to the COVID-19 pandemic.According…
No Jurisdiction Where Foreign Corporation Had No Direct Contacts With Pennsylvania
In the case of Montgomery v. Bobst Mex SA, No. 24-367 (E.D. Pa. Dec. 13, 2024 Arteaga, Mag. J.), the court granted a Motion to Dismiss based upon jurisdictional issues. More specifically, the court found that the Defendant, which was a Swiss corporation, was not subject to personal jurisdiction in Pennsylvania. According to the…
TORT TALK AS A RESEARCH TOOL
Most Tort Talkers receive their Tort Talk info by way of email. If you are not already an email subscriber to Tort Talk and would like to become one (it’s FREE), please go to Tort Talk at www.TortTalk.com and insert your email address into the Email Subscription box in the upper right hand corner of…
Link for the Marhunova v. Fitler Constr. Group Case
Here is the LINK for the case of Marhunova v. Fitler Constr. Group, May Term, 2022, No. 01520 (C.P. Phila. Co. Dec. 24, 2024 Foglietta, J.), which was highlighted in yesterday’s Tort Talk blog post. In this case, the trial court rejected a challenge by a Defendant to a $68.5 million dollar verdict…
Seismic Change Caused By Superior Court Decision That Allows Plaintiffs To Recover Liability and UIM Coverage From the Same Policy
The year 2025 is starting off with a Pennsylvania Superior Court decision that will cause a change of seismic propotions in automobile UM/UIM litigation going forward.In the case of Erie Insurance Exchange v. Baluch, No. 2025 Pa. Super. 2 (Pa. Super. Jan. 2, 2025 Panella, P.J.E., Lane, J., and Stevens, P.J.E.)(Op. by Panella, P.J.E.),…
Multi-Million Dollar Jury Verdict Upheld By Philadelphia Court
In the case of Marhunova v. Fitler Constr. Group, May Term, 2022, No. 01520 (C.P. Phila. Co. Dec. 24, 2024 Foglietta, J.), the trial court rejected a challenge by a Defendant to a $68.5 million dollar verdict in a case involving a construction site accident that resulted in the death of the Plaintiff construction…