• Home
  • About Me
  • Disclaimer

The Researching Paralegal

~ Articles and Research for Legal Professionals

The Researching Paralegal

Tag Archives: TORT TALK Blog

Service of Process Proper on Corporate Franchisee, Not Local Franchisee.

30 Tuesday Jun 2015

Posted by Celia C. Elwell, RP in Civil Procedure, Service of Process

≈ Comments Off on Service of Process Proper on Corporate Franchisee, Not Local Franchisee.

Tags

Corporate Franchisor, Daniel E. Cummins, Service of Process, TORT TALK Blog

Where Corporate Franchisor is Named Defendant, Service of Process on Local Franchisee is Insufficient, by Daniel E. Cummins, Tort Talk Blog

http://www.torttalk.com/2015/06/where-corporate-franchisor-is-named.html

In the case of  Trexler vs McDonald’s Corporation, 2015 Pa. Super. 131, 903 MDA 2014 (Pa. Super. June 3, 2015 Ford Elliott, P.J.E.,  Shogan, J., Stabile, J.)(Op. by Stabile, J.), the Pennsylvania Superior Court recently clarified that, where the named Defendant in a lawsuit is the Corporate Franchisor, . . . for service of a Complaint as original process to be proper, the Complaint must be served upon that Corporate Franchisor Defendant, and not the individual franchisee who may own the local establishment. . . .

Continue reading →

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

May Defense Counsel Ask Plaintiff Whether He Was Referred to Doctor?

21 Sunday Dec 2014

Posted by Celia C. Elwell, RP in Attorney-Client Privilege, Cross-Examination, Defense Counsel, Depositions, Direct Examination, Discovery, Interrogatories, Litigation, Making Objections, Negligence, Personal Injury, Plaintiff's Counsel, Privilege and Confidentiality, Trial Tips and Techniques

≈ Comments Off on May Defense Counsel Ask Plaintiff Whether He Was Referred to Doctor?

Tags

Attorney-Client Privilege, Daniel E. Cummins, Pennsylvania, Personal Injury, TORT TALK Blog

“Did Your Attorney Refer You to that Doctor?” by Daniel E. Cummins, TORT TALK Blog

http://tinyurl.com/phfds4w

In a recent Delaware County Court of Common Pleas decision in the case of English v. Stepchin, No. CP-23-CV-786-2014, 101 Del. 424 (C.P. Del. Co. Nov. 12, 2014 Kenney, P.J.), President Judge Chad F. Kenney upheld a defense attorney’s right to inquire of a personal injury plaintiff whether or not plaintiff’s counsel had referred the plaintiff to her treating physician.

This issue came before the court on a Motion for a Re-Deposition of the plaintiff by defense counsel.

At the original deposition, plaintiff’s counsel objected to the defense counsel’s question to the plaintiff as to whether or not plaintiff’s counsel had referred the plaintiff to her treating physicans. Plaintiff’s counsel asserted that such discovery was barred by the attorney-client privilege.
In his Opinion issued on the matter, President Judge Kenney held that, ‘whether counsel referred Plaintiff to her treating physicians does not constitute legal assistance so as to justify properly invoking the attorney-client privilege.’ More specifically, the court found that whether an attorney referred his client to a medical provider for treatment cannot be considered to have been a communication from an attorney to his or her client associated with the rendering of a legal opinion or the provision of legal services so as to invoke the applicability of the attorney-client privilege.

President Judge Kenney also stated that any asserted privilege ‘failed to outweigh the interest of the accessibility of material evidence to further the truth-determining process’ at a trial of a personal injury matter.

The Court granted Defendant’s Motion and ordered a 2nd deposition limited to the issue of who referred Plaintiff to her treating physicians.

Anyone wishing to review this decision, may click this LINK.

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Casino Valet Service Not Liable For Returning Car To Intoxicated Driver.

08 Tuesday Jul 2014

Posted by Celia C. Elwell, RP in Damages, Litigation, Pennsylvania Superior Court, Summary judgment

≈ Comments Off on Casino Valet Service Not Liable For Returning Car To Intoxicated Driver.

Tags

Bailment, Daniel E. Cummins, Dram Shop, First Impression, Intoxicated Driver, Summary judgment, TORT TALK Blog, Valet Service

No Liability for Valet Service for Returning Car to Visibly Intoxicated Patron, by Daniel E. Cummins, TORT TALK

http://www.torttalk.com/2014/07/no-liability-for-valet-service-for.html

In its recent decision in the case of Moranko v. Downs Racing LP, 2014 Pa.Super. 128 (Pa. Super. June 24, 2014 Panella, J., Mundy, J., and Platt, J.)(Op. by Panella, J.), the Pennsylvania Superior Court held that Pennsylvania law does not impose a duty upon a casino’s valet service to withhold the keys from a motorist if that person appears to be visibly intoxicated. . . .

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

A Lesson in Attorney-Client Privilege.

30 Sunday Mar 2014

Posted by Celia C. Elwell, RP in Attorney-Client Privilege, Confidentiality, Discovery, Legal Ethics, Requests for Production

≈ Comments Off on A Lesson in Attorney-Client Privilege.

Tags

Attorney-Client Privilege, Daniel E. Cummins, Dissolved Companies, Judge Wettick, Production of Documents, TORT TALK Blog

Judge Wettick: Attorney-Client Privilege Does Not Continue For Defunct Companies, by Daniel E. Cummins, TORT TALK Blog

http://www.torttalk.com/2014/03/judge-wettick-attorney-client-privilege.html

In his recent decision in the case of Red Vision Systems, Inc. et al. v. National Real Estate Information Services, L.P, et al., No. GD – 13 – 008572 (C.P. Allegh. Co. Feb. 26, 2014 Wettick, J.), Judge Wettick dealt with the novel issue of the application of the attorney-client privilege in the context of a request for the production of documents propounded upon a dissolved/non-operating company.

After a thorough review of the scope of the attorney-client privilege, Judge Wettick ultimately ruled that the privilege did not extend to corporations that were no longer in business.  Accordingly, a former in-house counsel for several defunct companies was ordered to turn over documents in discovery related to status of the companies’ assets. . . .

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...
Follow The Researching Paralegal on WordPress.com

Enter your email address to follow this blog and receive notifications of new posts by email.

Search

Sign In/Register

  • Register
  • Log in
  • Entries feed
  • Comments feed
  • WordPress.com

Categories

Archives

  • January 2021
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • June 2020
  • May 2020
  • April 2020
  • January 2020
  • December 2019
  • October 2019
  • August 2019
  • July 2019
  • May 2019
  • March 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013

Recent Comments

profvoigt on Research Guides in Focus – Mun…
Make Your PDF Docume… on Make Your PDF Document Edit-Pr…
madlaw291282999 on Using Hyperbole -Are You Riski…
How to Treat Bad Cli… on Why Do Bad Clients Deserve The…
Top 25 Paralegal Blo… on Paralegal Checklist for T…

Recent Comments

profvoigt on Research Guides in Focus – Mun…
Make Your PDF Docume… on Make Your PDF Document Edit-Pr…
madlaw291282999 on Using Hyperbole -Are You Riski…
How to Treat Bad Cli… on Why Do Bad Clients Deserve The…
Top 25 Paralegal Blo… on Paralegal Checklist for T…
  • RSS - Posts
  • RSS - Comments

Blog at WordPress.com.

loading Cancel
Post was not sent - check your email addresses!
Email check failed, please try again
Sorry, your blog cannot share posts by email.
Cancel
%d bloggers like this: