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

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

Category: Client Resources

As an owner or operator of a retail establishment, you may one day face a claim sounding in false imprisonment brought by a patron who was detained for the purpose of questioning or investigation in connection with attempts to shoplift items or perform some other criminal act.  It is therefore prudent for store owners to be aware of the essential elements and defenses to […]
Generally, in the Commonwealth of Pennsylvania, every property owner (or those occupying or in control of property) has a duty to keep its adjacent sidewalks and lots in a safe condition for travel by the public.  In fact, walkways “must be so maintained that they will not present an unreasonable risk of harm to pedestrians.”  Peair v. Home Ass’n of Enola Legion No. 751, 430 […]
First Party Claims New York Insurance Law section 2601 requires “good faith claim practice” with regard to the adjustment of first-party claims in New York. The violation of this statute subjects the insurer to administrative penalties issued by the insurance department, rather than a suit for punitive damages by the purportedly aggrieved party. The U.S. Circuit Court of Appeals for the Second Circuit, which examined New […]
Determining if the Defect was Actionable In cases that involve a defective sidewalk or stairway two issues must be addressed.  The first is whether the defect is so trivial as to be non-actionable.  The second is whether the defendant had notice of the condition. Traditionally, the New York State Court of Appeals, while holding that there is no minimal dimension test or rule that […]
Federal courts have diversity jurisdiction over all civil actions where the amount in controversy exceeds $50,000 and the action is between the citizens of different states. 28 U.S.C. § 1332.3 Diversity jurisdiction requires complete diversity; every plaintiff must be diverse from every defendant. Tapscott v. MS Dealer Service Corp., 77 F.3d 1353, 1355 (11th Cir. 1996). Fraudulent joinder is a judicially created doctrine that provides […]