In the case of McGuire v. Nationwide Aff. Ins. Co. of America, No. 2:23-CV-01347-NR (W.D. Pa. March 6, 2025 Ranjam, J.), the court denied the carrier’s Motion for Reconsideration of the court’s previous decision relative to a UM/UIM coverage issue. With this decision denying the carrier’s Motion for Reconsideration, the court maintained its previous
Foley, Comerford & Cummins
Founded in 1956, the Scranton, Pennsylvania law firm of Foley, Comerford & Cummins has maintained its excellent reputation for thorough and exceptional handling of the defense of civil litigation matters all across Northeastern Pennsylvania for more than 50 years. Our experienced attorneys provide a general range of litigation services and take pride in securing prompt results for our clients in a cost-effective and efficient manner. We are proud of our sustained record of success at trial as well as in negotiating favorable settlements with minimal litigation whenever possible.
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GOLF TOURNAMENT AND/OR CLE — PLEASE SUPPORT LACKAWNNA PRO BONO
UPCOMING CLE FOR YOUR CONSIDERATION
I thank Harris Bock for inviting me to present at his famous annual CLE this year.
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Zero Verdict For Pain and Suffering Sent Back Down For a New Trial
In its non-precedential decision in the case of Banasiak v. Robinson, No. 2041 EDA 2023 (Pa. Super. Feb. 24, 2025 Olson, J., Dubow, J., and Lane, J.) (Op. by Olson, J.), the Superior Court sent a zero verdict case back down the appellate ladder for a new trial. According to the Opinion, the Plaintiff…
Court Rejects Summary Judgment For Open and Obvious Condition in Trip and Fall Case
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.
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UPCOMING CLE TO CONSIDER
I thank Harris Bock for inviting me to present at his famous annual CLE this year.
…
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.
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