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Yearly Archives: 2018

Superior Court of New Jersey Rules that Property Owners’ Traditional Non-Delegable Duty to Maintain its Premises is Not Absolute

Recent Verdicts | 21 Mar 2018 | by

(NEWARK, NJ) – The Superior Court of New Jersey has dismissed a premises liability claim brought by a plaintiff against a property owner after a slip and fall accident, ruling that a property owner’s non-delegable duty to maintain its premises is not absolute. The plaintiff filed a lawsuit against a property owner, seeking to recover damages stemming from a slip and fall incident on […]

Taxicab Passenger Not Entitled to Uninsured Motorist Benefits under the Taxicab’s Policy

Recent Verdicts | 21 Mar 2018 | by

MSZL&M Relies Upon Appellate Division Decision to Successfully Defend a New Jersey Insurance Company from Taxicab Passenger’s Claims for Uninsured Motorist Benefits A vehicle owned by Andy Auto and operated by Danny Driver (“Driver 1”) was involved in a motor vehicle accident with a vehicle driven by Darius Driver (“Driver 2”).  At the time of the accident, Driver 1 was operating his motor vehicle […]

NY Plaintiffs Can Now Utilize Expert Affidavits in Opposition to Motions for Summary Judgment without Prior Expert Disclosure

Industry News | 16 Jan 2018 | by

Recent Change to New York’s to CPLR 3212(b) As you may be aware, New York’s Civil Practice Law and Rules (CPLR) Section 3212 governs motions for summary judgment.  CPLR 3212(b) was amended, effective December 11, 2015, to allow the lower court, in support or opposition to a summary judgment motion, to consider an expert affidavit whether or not such expert has been previously disclosed. […]

Florida Supreme Court Rules Attorney Fee Schedule in Workers’ Compensation Cases Unconstitutional

Industry News | 16 Jan 2018 | by

On April 28, 2016, in a 5-2 decision, the Florida Supreme Court struck down the mandatory fee schedule for attorneys’ fees in workers’ compensation cases outlined in Florida Statute § 440.34 (2009) as unconstitutional at both the state and federal levels. The ruling came after the court addressed the issue presented in the case of Marvin Castellanos v. Next Door Company, et al., SC13-2082, where […]

MSZL&M’s Recent Success in Arguing Dismissal Based Upon the Summary Judgment Standard in New Jersey

Recent Verdicts | 1 Jan 2018 | by

By Melissa Mudry New Jersey Court Rule 4:46-2 enables a party to move for summary judgment.  The rule and its subsequent jurisprudence mandates that an award of summary judgment is warranted in instances in which there are no material facts in dispute and the moving party is entitled to judgment as a matter of law.  See Judson v. People’s Trust Co. of Westfield, 17 N.J. 67, […]