In the case of Knepp v. Wal-Mart Stores East, L.P., No. 3:22-CV-144 (W.D. Pa. Feb. 28, 2025 Fischer, J.), the court denied a Motion for Summary Judgment in a case in which the Defendant relied upon the open and obvious doctrine relative to a trip and fall incident.According to the Opinion, this matter arose
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UPCOMING CLE TO CONSIDER
I thank Harris Bock for inviting me to present at his famous annual CLE this year.I will be presenting an update on notable court decisions and trends in Pennsylvania personal injury litigation matters over the past year or so as highlighted on my Tort Talk Blog (www.TortTalk.com).Need CLE credits?Please consider registering for this seminar at…
DON'T FORGET TO REGISTER FOR THE LACKAWANNA PRO BONO GOLF TOURNAMENT
Court Addresses Admissibility of Expert Testimony Under the Federal Employer's Liability Act
In the case of Lindsay v. Delaware and Hudson Railway Co., Inc., No. 2019-CV-3949 (C.P. Lacka. Co. March 3, 2025 Nealon, J.), the court addressed a pre-trial Motion In Limine filed by the Defendants seeking to preclude the opinions of a Plaintiff’s medical expert in a personal injury claim arising out of the Federal…
MEDIATION SUCCESS TIP FROM CUMMINS MEDIATION SERVICES
Court Addresses Admissibility of Expert Opinions
In the case of Twigg v. Varsity Brands Holding Co., No. 4:23-CV-00067 (M.D. Pa. March 7, 2025 Brann, C.J.), the court provided the latest pronouncement on the Rules of Admissibility for an expert witness under Federal Rule of Evidence 702. This products liability case arose out of an accident during which a baseball coach…
Federal Court Remands Case To State Court After Finding Diversity Jurisdiction Defeated by Joinder of Store Manager as a Defendant
In the case of Jones v. Wal-Mart Stores East, LP, No. 2:24-CV-05521-KNS (E.D. Pa. Feb. 4, 2025 Scott, J.), the court granted a Plaintiff’s Motion to Remand this case from federal court back to the Philadelphia Court of Common Pleas. According to the Opinion, this case arose out a trip and fall case that…
Court Finds That Arbitration Agreement on a Website Was Invalid as it Was Not Conspicuously Noted
In the case of W.W. v. Allegheny Health Network, No. 2:23-CV-01163-CCW (W.D. Pa. Feb. 27, 2025 Wiegand, J.), the court denied a Defendant’s Motion to Compel Arbitration of the Plaintiff’s claims after finding that the Arbitration Agreement, which was contained in a document that could be accessed through a link to the Defendant’s website,…
PLEASE CONSIDER REGISTERING TO ATTEND THIS UPCOMING CLE LIVE OR VIRTUALLY
I thank Harris Bock for inviting me to present at his famous annual CLE this year.I will be presenting an update on notable court decisions and trends in Pennsylvania personal injury litigation matters over the past year or so as highlighted on my Tort Talk Blog (www.TortTalk.com).Need CLE credits?Please consider registering for this seminar at…
Medical Battery Claim Dismissed From Medical Malpractice Case
In the case of Herr v. Myers, No. 30007 of 2023, C.A. (C.P. Lawr. Co. Dec. 4, 2024 Hodge, J.), the court sustained various Preliminary Objections asserted by medical malpractice Defendants. In this case, the Plaintiff sued certain medical providers under a claim of medical battery arising from post-surgical home health care. According to…