Yearly Archives: 2014

Defense Verdict – No Negligence

Recent Verdicts | 24 Sep 2014 | by

(Pittsburgh, PA – September 24, 2014) MSZLM Partner Stephen Ledva, Jr., received a defense verdict after a 3 ½ day Trial in the Court of Common Pleas of Allegheny County, PA.  The case was a combination of a products liability case failure to properly instruct in the use of two wheeled personal transportation device.  Plaintiffs were husband and wife in the mid 50’s who […]

NJ Supreme Court Finds in Favor of Sprinkler Contractors in Compliance with NFPA 25 as the Standard of Care

Recent Verdicts | 15 Sep 2014 | by

(TRENTON, September 15, 2014) , the New Jersey Supreme Court came to a unanimous decision in a case concerning the issue of whether expert testimony must be offered to establish the standard of care applicable to fire sprinkler contractors who perform inspections pursuant to the relevant provisions of the New Jersey Uniform Fire Code. The case is Davis v. Brickman Landscaping, Ltd., et al. and the […]

New Jersey Federal Court Orders Defendant to Produce Surveillance Video of Plaintiff Before Deposition

Client Resources | 17 Apr 2014 | by

In a controversial decision favoring the plaintiff’s bar, United States Magistrate Judge Ann Marie Donio denied a defendant’s Protective Order and directed that surveillance video captured of the plaintiff be produced prior to his deposition.  To be clear, in Gardner v. Norfolk Southern Corporation, 2014 WL1515525 (D.N.J. April 17, 2014), the court addressed surveillance of the plaintiff taken after the accident and not contemporaneous footage of the […]

Pennsylvania Supreme Court Maintains Traditional ‘Statutory Employer’ Defense

Industry News | 10 Apr 2014 | by

(Philadelphia, PA – April 10, 2014)  A unanimous decision by the Pennsylvania Supreme Court makes clear that the traditional ‘statutory employer’ doctrine remains alive and well in Pennsylvania, while clarifying the analysis and limiting its use. According to the Court, the statutory employer analysis should remain a simple one: employees of subcontractors (an employer with a direct contractual relationship with the general contractor) are limited […]

New Jersey Supreme Court Denies Workers Compensation Benefits to an Employee for an Accident on Public Street While Coming to Work, Signaling Change in “coming and Going” Analysis.

Industry News | 1 Apr 2014 | by

(Trenton, NJ April 1, 2014)-  The New Jersey Supreme Court recently held that whether workers compensation benefits are payable depends upon an detailed analysis of the location of the accident and the degree of control by the employer, and not just simply whether the claimant was “coming or going” to work.    In Hersh v. County of Morris, the Supreme Court found since there was […]

Florida Supreme Court rules that cap on non-economic damages in Medical Malpractice (wrongful death) cases violates the Florida Constitution

Industry News | 13 Mar 2014 | by

 (Tallahasse, March 13, 2014)  Nearly two years after hearing oral arguments, the Florida Supreme Court reversed caps enacted in2003.  In a 5-2 opinion, Justice R. Fred Lewis wrote that the subject non-economic damages cap under Florida Statute 766.118 did not bear a rational relationship to an “alleged medical malpractice insurance crisis inFlorida.” With respect to the limitations, Justice Lewis wrote that the intent of […]

Producing Documents “Subject to and Without Waiving” Objections May Render Your Objections Null and Void

Client Resources | 11 Feb 2014 | by

Including the conditional language “subject to and without waiving the foregoing objection” is considered standard procedure in discovery production.  Because this practice is so widespread, many litigators never give a second thought to adding this boilerplate language when responding to an opposing party’s discovery requests.  With a growing number of federal court decisions condemning the validity of this language, it may be time for […]

MSZLM NAMES NEW PARTNERS

Press Releases | 13 Jan 2014 | by

MSZLM ANNOUNCES NEW PARTNERS  PHILADELPHIA, PA (January 13, 2014) Mintzer Sarowitz Zeris Ledva & Meyers, LLP is pleased to announce that Louis Hockman and John Maucher have made Partners in the firm as of January 1, 2014. Mr. Hockman has been with the firm for eight (8) years and practices out of the firm’s Philadelphia, Pennsylvania office. Mr. Maucher has been with the firm for eleven […]

MSZLM WELCOMES NEW ASSOCIATES

Press Releases | 13 Jan 2014 | by

PHILADELPHIA, PA (January 13, 2014)  Mintzer Sarowitz Zeris Ledva & Meyers, LLP welcomes the following attorneys as associates to the firm: Nicholas C. Campellone Stephen T.  Bissell Both attorneys will be practicing out of the Philadelphia, PA office. For complete professional biographies of each, click on the “Attorneys” link above  

Foreseeability and Proximate Cause

Client Resources | 1 Jan 2014 | by

In New York, landowners generally owe a duty of reasonable care to people on their property, which requires that the property be maintained in a safe condition.  Maheshwari v. City of New York, 2 NY3d 288 (2004). However, landowners are not insurers ensuring visitors’ safety.  Therefore, while a landowner is obligated to minimize foreseeable damages on his or her property, foreseeability is not the same […]