Article: How To Bypass an Impasse At Mediation

Here is a LINK to my article entitled "How To Bypass an Impasse at Mediation" which has just been published in the March/April edition of the Pennsylvania Lawyer magazine.

With this article I gathered lessons from my experience as a certified Federal Middle District Court Mediator and as a private Mediator with Cummins Mediation in order to provide tips on how to get past those difficult times at Mediation where there seems to be no way to move forward with the negotiations.  The hope is that these suggestions will enable you to realize more success at more Mediations.

Proud to note that this is my 200th published article.  Hope you enjoy it and that it helps you with your practice.

Should you ever need assistance with trying to bring a case of yours to a close through a Mediation, please consider Cummins Mediation.

570-319-5899

dancummins@cumminslaw.net

Abington Heights Mock Trial Team Wins Regional Championship! Headed Back to States!

The Abington Heights High School Mock Trial Team from Clarks Summit, Lackawanna County won the 2026 REGIONAL Mock Trial Championship last night and are on their way to the STATE Championship Competition in Harrisburg, PA which is set to take place later this month!

If you have a high school student in your house, or one about to go to high school, please encourage them to consider doing Mock Trial even if they have no intentions or idea of a career in the law.  There there is no better activity for increasing a student's self-confidence, public speaking skills, and analytical skills.  Mock Trial students are required to think on their feet and pivot in response to sudden changes in circumstances.  

It is also a great activity for comradery as the students really support one another during the course of the season.

Sending thanks to all the jurors who volunteered their time to serve last night and to those who volunteered through out the season.  The competition cannot succeed without those local lawyers, paralegals, law office staff members, and others who are willing to volunteer.  Thank you.

Also sending thanks to the Lackawanna Bar Association and its Executive Director, Lee Ann Munley, as well as Kaitlin McDonough of that office for all their time and work to make the program a success.

Also sending thanks to Lori Siegle, the Executive Director of the Monroe County Bar Association and her staff for all of their time and work on Mock Trial in their District and for the Regional Competition this year.

Also sending great thanks to the District Coordinator for the Mock Trial Competition, Mackenzie Wilson, a great attorney with Munley Law, for donating all of her time and hard work to make the local competition a success.

Let's go Comets!  Keep soarin' onto the States!  So proud!

Trial Court Overrules Preliminary Objections to Allegations of Recklessness and Claims For Punitive Damages

In the case of Fisher v. Leo, No. 2025-CV-05941 (C.P. Luz. Co. Feb. 4, 2026, Pierantoni, J.), the court overruled a Defendant’s Preliminary Objections to allegations of recklessness and punitive damages. 

In so ruling, the court cited to the Pennsylvania Superior Court case of Monroe v. CBH20, L.P., 286 A.3d 785, 798 (Pa. Super. 2022).

The court also noted that the issue of the validity of claims for recklessness and punitive damages are more appropriate for consideration at the summary judgment stage.

Anyone wishing to review a copy of this decision may click this LINK.


I send thanks to Attorney Peter Biscontini of Biscontini Law for bringing this case to my attention.

Abington Heights High School Mock Trial Team Wins District Championship

2026 Abington Heights Mock Trial Team
From L. to R.: Mark Barbrack, Christopher Cummins, Aaliya Murray, Nolan Moore, Amishi Amit, Leen Abughnia, Chase Roberts, Jasleen Montesino, Henry Mahoney, Hatice Kucak, Sadie Robson, Grace Bennett, Ananya Phadke, Gabe Westgate, Eloise Giroux

Proud to note that the Abington Heights High School Mock Trial Team from Clarks Summit, Lackawanna County won the 2026 District Championship Trial last night and are on their way to the Regional Championship!

The Team is made up of a great bunch of very bright and polite students who work hard and support one another.  Very proud of all of the students on the team, including my son, Christopher.

The coaches and advisors for the team include my wife, Anne Cummins, myself Dan Cummins, Jody Healey, Esq. and Denise Bennett.  We are all so proud of the hard work these students have put in towards the success of the program.

The Mock Trial case this year was an interesting medical malpractice case involving a defendant family doctor's alleged failure to diagnose the plaintiff's medical condition.

The Finals Trial was presided over by The Honorable Judge Terrence R. Nealon who did an excellent job allowing the kids to argue their objections while providing them lessons on the law with his rulings.  Sending thanks to Judge Nealon for donating his time and expertise to the competition.

Also sending thanks to all the jurors who volunteered their time to serve last night and to those who volunteered through out the season.  The competition cannot succeed without those local lawyers, paralegals, law office staff members, and others who are willing to volunteer.  Thank you.

Also sending thanks to the Lackawanna Bar Association and its Executive Director, Lee Ann Munley, as well as Kaitlin McDonough of that office for all their time and work to make the program a success.

Sending great thanks to the District Coordinator for the Mock Trial Competition, Mackenzie Wilson, a great attorney with Munley Law, for donating all of her time and hard work to make the local competition a success.

Let's go Comets!  Keep soarin' onto the Regionals!  So proud!

Mock Trial Jurors Needed for the Northeast PA Regional Final Set For Next Monday

 The Regional Mock Trial Final for northeastern Pennsylvania is set for March 9, 2026 in the Monroe County Court of Common Pleas with a start time of 6:00 p.m.

This Region covers schools in Lackawanna, Wayne, Pike, and Monroe County.

Jurors are needed to fill up the jury box for the students.  If you are willing and able to volunteer as a juror for this Regional Mock Trial Final, here is a LINK to the form being used by the Monroe County Bar Association to sign up.

Litigant Chided For Including AI Hallucinations in Appellate Filings

In the case of Saber v. Navy Federal Credit Union, No. 2449 EDA 2024 (Pa. Super. Jan. 14, 2026 Panella, P.J.E., Dubow, J., and Nichols, J.) (Op. by Nichols, J.), the Pennsylvania Superior Court again addressed an appeal in which a litigant (possibly pro se) utilized AI to draft the appellate submissions which submissions included citations to non-existent case law.

The case involved a dispute over a car loan.

In footnote 4 of its decision, the Pennsylvania Superior Court noted that the litigant provided “non-sensical citations to and characterization of" certain cases. The litigant’s Brief also contained citations to several other cases that did not exist. The court noted that these issues suggested that the litigant utilized generative artificial intelligence to draft his Brief.

The court noted that the party’s reliance upon these hallucinations led to a waiver of his claims on appeal. The Superior Court emphasized the importance of citing pertinent authority and pointed out the potential issues with using generative AI for legal filings without verifying the information secured.

Anyone wishing to review a copy of this decision may click this LINK.


Source: The Legal Intelligencer State Appellate Case Alert, www.Law.com (Feb. 3, 2026).

Source of image:  Photo by Ali Numan on www.unsplash.com.

Mock Trial Jurors Needed For Finals Trial in Lackawanna County Competition Set For Next Tuesday -- Please Consider Volunteering