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Tort Talk: TORT TALK

Publisher:  dancummins
Message frequency:  3.5 / week
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Message History

Judge Munley of Federal Middle District Court Addresses Scope of State Created Danger Claims

In the case of T.M. v. East Stroudsburg Area School District, No. 3:24-CV-1465 (M.D. Pa. Dec. 11, 2025 Munley, J.), the court granted in part and denied in part a Defendant’s Motion to Dismiss a personal injury action arising out of allegations that the minor Plaintiff, who was a 6 year old boy with special education needs, allegedly sustained permanent injuries after bei...


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Another Appellate Brief Containing AI Hallucinations Found in Pennsylvania

In the case of Assoc. Builders and Contractors, Inc. v. Bucks County Community College, No. 1172 C.D. 2025 (Pa. Cmwlth. Nov. 24, 2025 Cohn Jubelirer, P.J.) (Opinion not reported), the Pennsylvania Commonwealth Court refused to allow an attorney to file an Amended Appellate Brief after it was determined that the original Brief filed by that attorney was created using gener...


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Court Issues Sanctions When Defense Discloses 600 Pages of Documents on the Eve of Trial


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Court Rejects Allegations of Fraud Relative to Opposing Counsel Allegedly Meeting Ex Parte With Arbitrator During Lu...


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Effort To Dismiss Case Due To Service of Process Issues Fails Procedurally and Substantively

In the case of Howey v. O’Leary, No. 2024-CV-5227 (C.P. Lacka. Co. Dec. 15, 2025 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas denied a Defendant’s Motion for Judgment on the Pleadings based upon service of process issues. According to the Opinion, this matter arose out of a motor vehicle accident. In the Complaint, the Plaintiff all...


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