November 20, 2012 | The Legal Intelligencer
Medicare Liens and Personal Injury MattersA 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 UmbrellaAs 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 DepositionIt 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 PracticeFive tips for reducing stress and improving one's enjoyment and success in the practice of law.
By Daniel E. Cummins
6 minute read
March 26, 2013 | The Legal Intelligencer
Pa. Products Liability Law Malfunctioning Into a Widening Split of AuthorityIn 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 2011Over 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 MattersA 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 UnwaryA 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 PracticeAnother 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