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

Category: Client Resources

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 […]
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 […]
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 […]
Many times while litigating personal injury cases, the issue of a determination made by the Social Security Administration comes into play.  The plaintiff’s counsel wants to introduce the decision as evidence of the client’s injury, while the defense wants the information excluded.  The question then arises: Are these determinations admissible as evidence in New Jersey courts? A 2013 Appellate Court decision suggests the contrary.  […]
Social Media and Lawsuits Social media has become one of the biggest forms of communication in the world, with millions of people using one form of social media or another to stay in touch with friends and family. Facebook remains the largest social network. However, people of younger ages use Instagram, Snapchat and Twitter. Other sites, such as Pinterest, Tumblr and Flickr are also […]
Below is an update to our recent article on admissibility of helmet non-use in personal injury cases. Pennsylvania Courts Continue to Have Differing Views on Admissibility of Helmet Non-Use While National Highway Traffic Safety Administration (NHTSA) studies and reports have repeatedly documented that motorcycle helmets reduce the severity of head injuries, Pennsylvania courts still have differing views as to the admissibility of helmet non-use at trial. […]
The Duty of Businesses to Shield Invitees From Harm The law in torts holds that there is a duty on the part of businesses to shield their invitees from harm.  This duty requires that the business owner take reasonable measures to prevent foreseeable harm to its invitees.  Troxel v. Iguana Curtina, LLC, 29 AD3d at 1048 (MD 2011). The scope of liability of landowners has […]
The Employer’s Duty to Provide a Safe Work Environment Every day employees of companies large and small are potentially subject to acts of workplace violence.  Pursuant to the common law, employers have no duty to protect their employees from harm in the workplace.  However, employers and the insurance carriers who insure them must be aware that New York State laws and federal regulations require […]
Proving Negligence in Slip and Fall Cases “Slip and fall” is a term used to describe a personal injury action against land owners when a person slips or trips on their property and sustains injuries.  These types of personal injury claims are commonly asserted against owners of restaurants and retail stores.  Under Pennsylvania law, customers, also know as “business invitees,” are owed the highest […]
Benefits of Wearing a Motorcycle Helmet The benefits of wearing a helmet while operating or riding as a passenger on a motorcycle are widely documented. According to the Centers for Disease Control and Prevention (CDC), 42% of the motorcyclists who were fatally injured in 2010 were not wearing helmets. While helmets saved the lives of 1,500 motorcycle operators and passengers, the National Highway Traffic […]