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

Category: Client Resources

An Overview of Snow and Ice Related Premises Liability Standards for Pennsylvania, New Jersey, New York, Maryland, Delaware and West Virginia When snow and ice accumulate, property owners and occupants run the risk of liability in the event of a slip and fall accident.  The premises liability standards pertaining to snow and ice conditions can be complex due to evolving case law and the […]
The Criteria for Governmental Immunity Defense In order to raise the defense of a governmental immunity, it is incumbent upon the municipal defendant to meet two criteria: 1.   Governmental Entity –  First, it must be established that the defendant is an actual governmental entity, which includes New York (or any other State) and its subdivisions and agencies, municipal corporations, district corporations and public benefit corporations.  […]
To prove defamation a plaintiff must establish four elements: The defendant made a false statement purporting to be fact; The statement was published or communicated to a third person; The defendant was at fault in making the statement; and The statement caused damages or harm to the person who is the subject of the statement. In order for statements to be considered defamatory when […]
Pollution legal liability (PLL) insurance coverage is an area of liability insurance coverage that can have a major impact on a company’s bottom line, as many companies may face pollution risks to other parties or to their own properties.  PLL policies can be significant as the policy can provide for the cost of cleanup efforts, lawsuits and legal fees, not to mention emergency response […]
What is the Reptile Theory? The reptile theory is a somewhat new strategy that plaintiff attorneys are using to obtain large jury verdicts at trial. It is called the reptile theory because reptiles go into attack mode when threatened or frightened (i.e., don’t mess with an alligator and it won’t mess with you). The plaintiff attorney wants to use fear to threaten a jury […]
MSZL&M is serious about our clients’ data security. Cyber theft is on the rise, and law firms, with minimal cybersecurity defenses and a treasure-trove of sensitive and confidential data, are the latest targets. While the majority of high-profile data breaches have targeted financial institutions, retail establishments, and medical providers, breaches and security concerns have recently increased for law firms. Sensitive and Confidential Information Law […]
Arbitration agreements between medical providers and their patients must include both the pros and the cons of the arbitration provisions under the Chapter 766, Florida’s Medical Malpractice Act. DiLorenzo and DiLorenzo v. Lam and Family Foot and Leg Center, 42 Fla. L. Weekly D286a (Fla. 2d DCA February 1, 2017). In DiLorenzo, the parties entered into an agreement, which included an arbitration clause. However, the defendants cherry-picked only […]
We “suspend your license to practice law with no possibility of reinstatement for thirty days from the filing of this opinion.”  This is a statement no practicing attorney wants to read or hear.   You may not believe it, but this harsh sanction actually arose as a result of an attorney failing to negotiate a Medicare subrogation lien.  Most, if not all, practicing personal injury […]
This discreet issue was recently ruled upon by the U.S. Court of Appeals for the Third Circuit in Goldenstein v. Repossessors Inc., 815 F.3d 142 (3d Cir. 2016). By way of background, Mr. Goldenstein obtained a $1,000 loan from Sovereign Lending Solutions, LLC.  The terms of the loan required Goldenstein to place his car for collateral and agree to a 250% interest rate on the […]
Unfortunately, the use of perjured or false testimony continues to be practiced to this very day, be it through deposition testimony, affidavits, or even testimony at trial.  A careful practitioner must be aware of his or her clients’ proclivity for falsehoods and take steps to avoid suborning perjury.  Moreover, attorneys should take steps to even avoid the acquiescence of perjured testimony. In the recent […]