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Yearly Archives: 2020

Maryland’s Highest Court Overrules Frye-Reed, Officially welcoming the era of Daubert By Saad Malik, Esquire On August 28, 2020, the Maryland Court of Appeals voted 4-3 to officially adopt Daubert as the standard by which courts admit or exclude expert testimony, abandoning the previously standing Frye-Reed test.  See Rochkind v. Stevenson, Case No. 47, September 2019 Term (Aug. 28, 2020).  In 1978, Maryland Courts […]
Another victory for our New York Office! Allen Kohn from MSZL&M’s New York office obtained summary judgment on behalf of our client, a regional grocery store.  After plaintiff’s daughter was caught shoplifting, a verbal dispute escalated to a physical altercation with an alleged store “employee.” During the altercation, Plaintiff was struck with a stick and lost use of an eye. The case was venued […]
Steven N. Cherry Attorney Image
STATUS OF PHILADELPHIA COURT SYSTEM IN RESPONSE TO COVID-19 PANDEMIC By, Steven Cherry PHILADELPHIA, PA , September 08, 2020 —  For those of you who may be interested in how the Philadelphia Court System has been responding to the Covid-19 Pandemic, here is the current status of civil operations as of September 2020: On March 16, 2020, the Pennsylvania Supreme Court declared a Statewide […]
Jason G. Wehrle
Western District of Missouri Court Gives Potential Life to COVID-19 Business Interruption Claims By: Jason G. Wehrle, Esq. Throughout the country a myriad of lawsuits have been filed by businesses against their insurers seeking business interruption coverage in connection with shutdowns caused by the COVID-19 pandemic. While the suits involve different parties and venues, one common thread is the lawsuits involves the question of […]
Ashley B. Friedman Attorney Image
Maryland’s Highest Court Upholds Trial Court’s Decision to Give Spoliation Jury Instruction By:  Ashley Friedman, Esquire (August 25, 2020) In its July 27, 2020 opinion in Steamfitters Local Union No. 602 v. Erie Ins. Exch.. and Steamfitters Local Union No. 602 v. Cincinatti Ins. Co., Maryland’s highest court upheld the trial court’s decision to give a spoliation jury instruction. The case stemmed from an […]
Big win for our South Florida Office Steven Mitchel and H. Maxwell Wihnyk secured the dismissal of their mold assessor client from a serious mold contamination case.  Plaintiff filed a 10-count complaint seeking damages for personal injury and violations of the Florida Deceptive and Unfair Trade Practices Act, including allegations of a conspiracy to produce false-test results.  Despite the serious allegations, Steve and Max […]
Michael J. Murphy Attorney Image
New Jersey Supreme Court Finds that the ‘Made Whole’ Doctrine Does Not Apply to First-Dollar Risk By: Michael J. Murphy, Esq. In a recent decision addressing a question of law certified by the United States Court of Appeals for the Third Circuit in City of Asbury Park v. Star Insurance Company (A-20-19) (083371) the Supreme Court of New Jersey found that the equitable ‘Made […]
MSZL&M’s New York Office Obtains Big Win for Retail Client Allen Kohn from MSZL&M’s New York office recently obtained early dismissal of a complaint against one of the firm’s large NASDAQ-traded retailer clients.  Plaintiff alleged he was Christmas shopping with his partner and granddaughters when security personnel falsely accused him of shoplifting, physically detained him in a security office, stole his personal property, fabricated […]