Daniel E. Cummins

August 04, 2022 | The Legal Intelligencer

The notion that the Fair Share Act does not apply when an injured party plaintiff is an innocent victim of the negligence of another seems to be gaining steam in recent several state and federal court decisions despite the fact that this notion is based upon dicta initially espoused in the Spencer decision.

By Daniel E. Cummins

8 minute read

July 21, 2022 | The Legal Intelligencer

In dicta found in the Pennsylvania Superior Court's decision from last year in the case of Spencer v. Johnson, 249 A.3d 529 (Pa. Super. 2021), that court raised, on a seemingly sua sponte basis, the proposition that the Fair Share Act should not apply in cases involving innocent victim plaintiffs.

By Daniel E. Cummins

8 minute read

June 09, 2022 | The Legal Intelligencer

Courts rule that judicial shutdowns during COVID-19 pandemic do not affect delay damages.

By Daniel E. Cummins

8 minute read

March 31, 2022 | The Legal Intelligencer

Recent state and federal decisions have confirmed that there has developed a split of authority in the state and federal trial and appellate courts over the validity and enforceability of the regular use exclusion.

By Daniel E. Cummins

13 minute read

December 16, 2021 | The Legal Intelligencer

This first part of the article, which previously appeared in this paper, reviewed the important decisions and trends in the automobile insurance law arena over the past year. This second part of the article will review the notable decisions in the area of general civil litigation law.

By Daniel E. Cummins

10 minute read

December 09, 2021 | The Legal Intelligencer

This first part of the article will review important decisions and trends in the automobile insurance law arena over the past year, and the forthcoming second part of the article will review the notable decisions in the area of general civil litigation law.

By Daniel E. Cummins

10 minute read

November 18, 2021 | The Legal Intelligencer

How many times have you heard an attorney instruct a deponent at a deposition that they have the right to read and sign a deposition transcript and to correct typographical errors but not to change their testimony. Would you be surprised to learn that this instruction is incorrect and inconsistent with state and Federal Rules of Civil Procedure and law?

By Daniel E. Cummins

7 minute read

July 29, 2021 | The Legal Intelligencer

The Pennsylvania Superior Court recently issued a notable decision earlier this year in March 2021 with respect to the Fair Share Act in the case of Spencer v. Johnson. That case was recently settled before any further appellate review could be had on the important issue of the scope and ambit of the Fair Share Act.

By Daniel E. Cummins

9 minute read

February 04, 2021 | The Legal Intelligencer

In its recent decision in the case of Graham v. Check, No. 42 WAP 2019 (Pa. Dec. 22, 2020)(Op. By Wecht, J.), the Pennsylvania Supreme Court provided guidance for when a jury should be instructed on the still viable sudden emergency doctrine in a motor vehicle accident case.

By Daniel E. Cummins

6 minute read

January 07, 2021 | The Legal Intelligencer

Why do some people say, "It's six of one, half a dozen of the other"? Why can't they just simply say, "It's the same difference?"

By Daniel E. Cummins

10 minute read