Research Tools on Tort Talk

Most Tort Talkers receive their Tort Talk info by way of email. If you have ever had the situation where you thought "I know I've seen a recent case on Tort Talk on this issue," this blog post is for you.

Tort Talk is not only a way to get updates on new cases and trends, it can also serve a a kickstart to your research if you actually go to the Tort Talk site at www.TortTalk.com. On the site itself there are a number of research tools (http://www.TortTalk.com/) to help you find the case or cases or article you are looking for.

Note that Tort Talk is NOT an exhaustive legal research site--you should always supplement your research on your issue presented elsewhere to ensure that you have a thorough review of the area of law in question.

Here are the Tools available on Tort Talk:


Search This Blog Box

The Search This Blog Box in the upper right hand column of the site allows readers to type in search terms or key words to look for posts on that particular topic. By typing in your search term in the white box (delay damages, limited tort, slip and fall, or a case name, etc.), you will be sent to a page that will list each Tort Talk post that covers that topic. You can then click on each post that comes up to read further.


Post-Koken Scorecard
You can always access the Post-Koken Scorecard to check on the status of decisions in your county on Post-Koken issues by looking and scrolling down the far right hand column of the blog and clicking on the date under the Label "Post-Koken Scorecard."


Facebook Discovery Scorecard

You can always access the Facebook Discovery Scorecard to check on the status of Pennsylvania decisions on Facebook Discovery issues by looking and scrolling down the far right hand column of the blog and clicking on the date under the Label "Facebook Discovery Scorecard."


Labels

Also down on the right hand column of the blog is a section called "Labels," which is another tool that you can use to find cases or articles on a specific topic. By clicking on the Label that's specific to your research ("Bad Faith," "Limited Tort," etc.) you will be sent to a page that list each and every Tort Talk post that touches upon that topic. You can then click on each title to read further.


My Published Articles

Down in the middle of the right hand column of the blog is also a box under the Label "My Published Articles" in which are listed some of the most recently published articles of mine that have been posted online at the www.JDSupra.com website. If you are looking for older articles you can always click on the JDSupra box to go to that site where a full listing of the articles can be accessed and searched.

I note that the Pennsylvania Law Weekly does not allow me to post my articles on the JDSupra site is it is a competitor. However, I am permitted to post my Law Weekly articles on Tort Talk which I have done since I started the blog. You can find those articles by typing in key words or terms into the Search this Blog box. Please also feel free to email me directly for a copy of any of my articles that you may be looking for(dancummins@comcast.net).


Links

Last but certainly not least, down on the right hand column is a list of "Links" I have created to other sites, including my Firm's website and other online professional profiles that I have created along with links to some other legal and non-legal-related websites that may be of interest.


Thanks again for reading Tort Talk and thanks to all who have provided tips on breaking news and cases of note. I am grateful for your interest and support. If I should be able to you help out in any way, please do not hesitate to contact me at dancummins@comcast.net.

Registration Open for Lackawanna Pro Bono's June 3, 2013 Golf Tournament

Registration Open for Pennsylvania Defense Institute's Annual Meeting at Bedford Springs Resort (July 18-19, 2013)

Omni Bedford Springs Resort
Bedford Springs, PA

Click this LINK to go to the Registration Form for the PDI Annual Meeting set to take place at the Bedford Springs Resort in Bedford Springs, PA on July 18-19, 2013.

The PDI has arranged for a full slate of CLE opportunities, great speakers, and resort activities, including but not limited to golf. 

Eastern District Federal Court Dismisses UIM Bad Faith Claim

In a recent memorandum Opinion, the Eastern District Federal Court of Pennsylvania in Clark v. Progressive Advanced Insurance Company, No. 12-6174 (E.D. Pa. April 26, 2013 Ludwig, J.) dismissed a bad faith claim in an underinsured (UIM) motorists case.

This case involved a bad faith claim filed under Section 8371 of the Pennsylvania Judicial Code and was essentially based upon the Plaintiff's claim of an inadequate offer by the insurance company in a UIM case.  There were $300,000 in UIM limits available and Progressive made a settlement offer of $18,578.00.

After reviewing the record before it, the court determined that the facts pled were not sufficient to support a bad faith claim in this context.  Accordingly, the claim was dismissed without prejudice.

Anyone wishing to review this Opinion in Clark v. Progressive may click this LINK.


I send thanks to Attorney Scott Cooper of the Harrisburg, PA law firm of Schmidt Kramer and Attorney Paul Oven of the Moosic, PA law firm of Dougherty, Leventhal & Price for bringing this case to my attention.

Philadelphia County Court of Common Pleas Upholds Allstate Forum Selection Clause in UM Case

The Philadelphia Court of Common Pleas upheld Allstate Insurance Company’s “forum selection clause in the court’s recent Order without Opinion in the case of Motta v. Allstate Ins. Co., March Term 2013, NO. 0839 (C.P. Phila. Co. April 22, 2013).

In this Post-Koken uninsured motorist (UM) matter, the Allstate declarations page listed the named insured’s address as being in located in Berks County.  The accident occurred in Philadelphia County.

Allstate responded to the Complaint filed in Philadelphia County with Preliminary Objections in the form of a motion to transfer venue. 

As noted, the court issued an Order sustaining Allstate’s Preliminary Objections and transferring venue to Berks County.

Anyone wishing to review this one line Order only decision in Motta may click HERE.

I send thanks to Attorney Ken Goodman of the Reading law firm of Rabenold, Koestel & Scheidt for bringing this case to my attention.

 

 

Registration Open for Lackawanna Pro Bono's Golf Tournament

Tort Talk Expo 2013 a Success - THANKS!

The Tort Talk Expo 2013 that took place on April 18, 2013 at the Mohegan Sun Casino was a well-attended program with over 75 attendees, which included claims professionals, plaintiff's counsel, and defense counsel.

I provided an Auto Law/Post-Koken Update which was followed by a Civil Litigation Update presented by Malcolm MacGregor, Esq. and Michael McDonald, Esq. of the Scranton law firm of McDonald & MacGregor.

Dr. John Kline, a physiatrist with Northeastern Rehabilitation Associates presented on Shoulder and Knee injuries.

The Program concluded with a "View from the Bench" program moderated by Attorney Paul Oven of the Moosic, PA law firm of Dougherty, Leventhal & Price and presided over by Judge Carmen Minora of the Lackawanna County Court of Common Pleas and Judge Michael Vough of the Luzerne County Court of Common Pleas.

The CLE seminar was then followed by a Cocktail Reception at the Breaker's Lounge in the Mohegan Sun Casino.

I send great thanks to all of the presenters, table vendors, and advertisers who helped make the program a success.  Thanks also to all of the attendees who took time out of their busy schedules to attend the event.  I really appreciate it.

Anyone desiring a copy of the written materials from the Tort Talk Expo 2013 may click this LINK.  This volume, containing in excess of 100 pages contains an Auto Law Update and a Civil Litigation Update written by myself along with Dr. Kline's powerpoint presentation on his Shoulders and Knees program.