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Daniel E. Cummins

Daniel E. Cummins

November 20, 2012 | The Legal Intelligencer

Medicare Liens and Personal Injury Matters

A recent trend in the settlement of personal injury matters involves demands by the tortfeasor's liability insurance company requesting a plaintiff to produce final lien information in regard to Medicare before the matter can be finally concluded and a settlement draft issued. This is so because of the potential penalties that may arise if Medicare liens are not addressed out of the settlement funds.

By Daniel E. Cummins

12 minute read

January 30, 2006 | The Legal Intelligencer

Open Umbrella

As automobile law practitioners are aware, persons injured during the course of a motor vehicle accident may pursue both a lawsuit against the tortfeasor and, where the negligent party is underinsured, a claim for underinsured motorist benefits under the

By Daniel E. Cummins

13 minute read

May 22, 2012 | The Legal Intelligencer

Five Common Mistakes to Avoid During Deposition

It has been said that cases are won or lost at the deposition stage of the civil litigation process. The deposition represents the one pretrial opportunity to assess the opposing party's demeanor as well as its entire case on a face-to-face basis.

By Daniel E. Cummins

11 minute read

February 01, 2012 | New Jersey Law Journal

A Clean Slate: Ways To Ease Stress and Improve Your Practice

Five tips for reducing stress and improving one's enjoyment and success in the practice of law.

By Daniel E. Cummins

6 minute read

February 12, 2007 | National Law Journal

Lincoln Logs of Wisdom

By Daniel E. Cummins

10 minute read

March 26, 2013 | The Legal Intelligencer

Pa. Products Liability Law Malfunctioning Into a Widening Split of Authority

In the most ironic of ironies, Pennsylvania products liability law is defective and malfunctioning itself given the confusion in the federal courts over whether the Restatement (Second) of Torts or the different analysis set forth in the Restatement (Third) of Torts should be utilized in such cases. This uncertainty is the cause of an ever-growing split of authority not only between the Pennsylvania state and federal courts, but also amongst, and even within, the different federal district court branches across the state.

By Daniel E. Cummins

7 minute read

December 13, 2011 | The Legal Intelligencer

Bad-Faith Decisions in Auto Law Context Abound in 2011

Over the past year or so there were a great number of notable bad-faith decisions handed down by the various courts of Pennsylvania. Here's a review and analysis of the most significant ones. As you will see, a number of them came were handed down by federal courts.

By Daniel E. Cummins

15 minute read

July 17, 2012 | The Legal Intelligencer

Show Me the Money: Medicare Liens and Personal Injury Matters

A recent trend in the settlement of personal injury matters involves demands by the tortfeasor's liability insurance company requesting a plaintiff to produce final lien information in regard to Medicare before the matter can be finally concluded and a settlement draft issued. This is so because of the potential penalties that may arise if Medicare liens are not addressed out of the settlement funds.

By Daniel E. Cummins

12 minute read

May 29, 2006 | The Legal Intelligencer

A Trap for the Unwary

A recent trend in civil litigation has been the proliferation of disputes over the repayment of subrogation liens and encumbrances and the right of lien holders to pursue the same against the settling parties. While the law of subrogation is most often sp

By Daniel E. Cummins

7 minute read

January 31, 2012 | Texas Lawyer

A Clean Slate: Ways to Ease Stress and Improve Your Practice

Another new year has come and 11 more months stretch out in front of us until the next one. It's still a clean slate and there is plenty that can be accomplished in the year ahead in terms of reducing stress and improving one's enjoyment and success in the practice of law. Here are five tips that may help in this regard.

By Daniel E. Cummins

6 minute read