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COVID-19 Update: MSZL&M to remain in operation as normal during this time. Read More      Close

Category: Client Resources

Employers: Click Here for the Families First Coronavirus Response Act, Employee Rights Poster Click on the following link to access a copy of the poster:  https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf Please contact Bradley Shafer, 304.241.2976 (Tel); bshafer@defensecounsel.com with any questions you may have regarding rights and responsibilities under the Act. 
WHAT YOU NEED TO KNOW ABOUT THE EXPANSION TO THE FMLA AND THE EMERGENCY PAID SICK LEAVE LAW UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT On March 18, 2020, President Trump signed HR 6201 which is titled the Families First Coronavirus Response Act.  While the Act addresses a number of topics relating to the COVID 19 pandemic, employers are particularly interested in the expansion […]
On April 11, 2014 Plaintiff, a delivery driver, was delivering a variety of products to a residence in Monongalia County, West Virginia.  Plaintiff was driving a boom truck and as he approached the house he discovered he could not pass underneath the telephone and cable wires that stretched across the driveway.  Having been in this situation before, the driver climbed on top of his […]
Katie E. Pakler
By:  Katie Pakler Although the Pennsylvania Fair Share Act (the “Act”), 42 Pa.C.S. § 7102, has been the law since 2011, a number of questions remain about its application.  After the recent decision from the Pennsylvania Supreme Court in Roverano v. John Crane, Inc., 190 A.3d 591 (2018) we now have an answer to the question of whether the Act requires a factfinder to […]
By Lawrence Kelly, Esq. Although the general issue of spoliation of evidence and its ramifications have been established in Pennsylvania jurisprudence for years, a recent appellate court decision has applied these principles to the amount of day-of-accident video surveillance to be retained. In Marshall v. Brown’s IA, LLC (“Shop Rite”)i the Pennsylvania Superior Court vacated a defense verdict in favor of the operator of […]
In our April 2, 2019 article, “New Jersey Supreme Court Rules Claimant Cannot Recover Economic Loss For Difference in Coverage When Electing Lower PIP Coverage,” we reported on the New Jersey Supreme Court’s March 26, 2019 ruling in Haines v. Taft, 237 NJ 271, that plaintiffs were barred from recovering against a tortfeasor the amount of unpaid medical bills in excess of their PIP […]
There is no Presumptive Rule that Materials Collected Prior to the Commencement of Litigation are Not Protected by New Jersey’s Work Product Doctrine The New Jersey Appellate Division recently held in the matter of Paladino v. Auletto Enter., Inc. (No. A-0232-18T1, June 6, 2019) that there is no per se rule that materials collected before the commencement of litigation are not prepared in anticipation […]
In New Jersey, a common carrier is a bus, train, taxicab, and/or other vehicle similarly engaged in public transportation.  When determining whether a common carrier is negligent, the standard is higher than the typical negligence standard in New Jersey.  Generally, negligence is found when a party has failed to exercise the degree of care for the safety of others which a person of ordinary […]
The New Jersey Supreme Court in the matter of Joshua Haines v. Jacob W. Taft (A-13/14-17) (079600, March 26, 2019) decided that a plaintiff in a motor vehicle suit with the limited $15,000 PIP election on their auto policy cannot seek economic loss for the difference between their limited $15,000 PIP coverage and the amount of their excess/unpaid medical bills totaled up to the […]
The New Jersey Supreme Court recently clarified that liability under the Comparative Negligence Act (“CNA”) can be apportioned to “phantom defendants,” those whom are known to have been involved in the accident but are unidentified. Krzylakski Decision In Krzylakski v. Tindall No. A-55-16 (N.J. April 17, 2018) Plaintiff Mark Kryzykalski was driving a car in the left lane of a road in Florence Township, New Jersey. Defendant […]