Category: Industry News

ATTORNEY ELA HERNANDEZ OF MINTZER, SAROWITZ, ZERIS, LEDVA & MEYERS, LLP SWORN IN AS PRESIDENT OF THE HISPANIC NATIONAL BAR ASSOCIATION YOUNG LAWYERS’ DIVISION.

Industry News | 29 Jan 2019 | by

Ela M. Hernandez, Associate at the firm’s Southern Florida office, was sworn in as President of Hispanic National Bar Association’s Young Lawyers’ Division (YLD) during its 43rd annual convention held in Philadelphia, PA from September 5 – 8, 2018. The HNBA is an incorporated, not-for-profit, national membership association that represents the interests of Hispanic attorneys, judges, law professors, legal assistants, law students and legal […]

Delaware Legislature Enacts Law Requiring Disclosure of Bodily Injury Limits

Industry News | 18 Jan 2019 | by

Prior to September 4, 2018 and the enactment by the Delaware Legislature of a law requiring insurance companies to disclose bodily injury limits in auto policies, insurance companies were not required in Delaware to disclose coverage limits prior to litigation, to third-parties, claimants, or their attorneys.  The practice of nondisclosure predates the 1930s, and is a remnant from a time when insurance contracts and their […]

New Jersey Supreme Court Restricts the “Mode-of-Operation” Doctrine

Industry News | 21 Mar 2018 | by

New Jersey Supreme Court issues ruling restricting the “mode-of-operation” doctrine. However, full impact of the ruling is hotly debated by plaintiffs, defendants, and even retired Judges. Generally, a proprietor’s duty to his invitee is one of due care under all the circumstances. An invitee seeking to hold a business proprietor liable in negligence must prove, as an element of the cause of action, that […]

NY Plaintiffs Can Now Utilize Expert Affidavits in Opposition to Motions for Summary Judgment without Prior Expert Disclosure

Industry News | 16 Jan 2018 | by

Recent Change to New York’s to CPLR 3212(b) As you may be aware, New York’s Civil Practice Law and Rules (CPLR) Section 3212 governs motions for summary judgment.  CPLR 3212(b) was amended, effective December 11, 2015, to allow the lower court, in support or opposition to a summary judgment motion, to consider an expert affidavit whether or not such expert has been previously disclosed. […]

Florida Supreme Court Rules Attorney Fee Schedule in Workers’ Compensation Cases Unconstitutional

Industry News | 16 Jan 2018 | by

On April 28, 2016, in a 5-2 decision, the Florida Supreme Court struck down the mandatory fee schedule for attorneys’ fees in workers’ compensation cases outlined in Florida Statute § 440.34 (2009) as unconstitutional at both the state and federal levels. The ruling came after the court addressed the issue presented in the case of Marvin Castellanos v. Next Door Company, et al., SC13-2082, where […]

Pennsylvania Supreme Court Maintains Traditional ‘Statutory Employer’ Defense

Industry News | 10 Apr 2014 | by

(Philadelphia, PA – April 10, 2014)  A unanimous decision by the Pennsylvania Supreme Court makes clear that the traditional ‘statutory employer’ doctrine remains alive and well in Pennsylvania, while clarifying the analysis and limiting its use. According to the Court, the statutory employer analysis should remain a simple one: employees of subcontractors (an employer with a direct contractual relationship with the general contractor) are limited […]

New Jersey Supreme Court Denies Workers Compensation Benefits to an Employee for an Accident on Public Street While Coming to Work, Signaling Change in “coming and Going” Analysis.

Industry News | 1 Apr 2014 | by

(Trenton, NJ April 1, 2014)-  The New Jersey Supreme Court recently held that whether workers compensation benefits are payable depends upon an detailed analysis of the location of the accident and the degree of control by the employer, and not just simply whether the claimant was “coming or going” to work.    In Hersh v. County of Morris, the Supreme Court found since there was […]

Florida Supreme Court rules that cap on non-economic damages in Medical Malpractice (wrongful death) cases violates the Florida Constitution

Industry News | 13 Mar 2014 | by

 (Tallahasse, March 13, 2014)  Nearly two years after hearing oral arguments, the Florida Supreme Court reversed caps enacted in2003.  In a 5-2 opinion, Justice R. Fred Lewis wrote that the subject non-economic damages cap under Florida Statute 766.118 did not bear a rational relationship to an “alleged medical malpractice insurance crisis inFlorida.” With respect to the limitations, Justice Lewis wrote that the intent of […]

Uninsured Drivers

Industry News | 21 Feb 2012 | by

PA SUPREME COURT RULES THAT UNINSURED DRIVERS CAN SUE IN TORT FOR ECONOMIC DAMAGES (PHILADELPHIA, PA – February 21, 2012) In a landmark decision, The Pennsylvania Supreme Court recently issued an opinion, settling unclear lower court decisions, and ruling that an uninsured driver in Pennsylvania who is injured in a motor vehicle accident may sue an insured driver for economic damages.              In Corbin v. […]

PA RQA Ruling

Industry News | 19 Oct 2011 | by

PA SUPERIOR COURT CLARIFIES SCOPE OF REQUESTS FOR ADMISSIONS AND GROUNDS FOR WITHDRAWAL OF ADMISSIONS  (PHILADELPHIA, October 19, 2011) The Pennsylvania Superior Court has disapproved the use of requests for admissions to turn legal conclusions and opinions into fact, and has encouraged trial courts to permit the withdrawal of opinions under certain circumstances. In Estate of John W. Borst v. Edward Stover Sr. Testamentary Trust,  30 […]