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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 a store because the […]
Michelle E. Hardin recently presented on an appellate litigation panel at St. Thomas University School of Law on October 17, 2019 in Miami, Florida.  The panel was assembled by the school’s moot court team, which is led by MSZL&M law clerk Antoinette Mederos.  The panel featured Third District Court of Appeal Judge Fleur Lobree and Professor Howard Blumberg formerly of the Miami-Dade County Public […]
Brian A. Eves recently presented on a panel at the CLM Southeast Conference on October 4, 2019 in Kissimmee, Florida.  The seminar class topic was “Consumer Product & Appliance Failures: Manufacturer vs Consumer,” which he presented along with along with Timothy Tresierras, ARCCA, Inc., Gregory Vacek, Chubb; and Ilene Munk, Foley & Mansfield.  The panel covered primary causation and subrogation issues, including case studies involving consumer products. Mr. Eves presented on real world application in litigation, and how adjusters, clients, and counsel can work together to effective and efficiently handle claims based on the scope of the damages.
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 […]
(June, 2019)  On September 19, 2015, the employees of a fast food Restaurant in Brewster Washington closed at 1:00 AM.  At 2:30 AM, a fryer that was inadvertently left on malfunctioned, and exceeded its operating temperature limit, resulting in a flash over and fire in the vat.  Triggering the Ansul system, the fire should have been extinguished and damages of less than $50,000 incurred.  […]
(June 2019) Phillip B. Silverman, Senior Litigation Counsel at the firm’s Eastern Pennsylvania office, was honored by the Philadelphia Association of Defense Counsel  as the recipient of the Lifetime Achievement Award during this year’s June 4th Annual Meeting. He was honored for his extraordinary 50 year career entirely focused on civil defense litigation. The PADC is the professional organization of civil defense litigators in […]
(May, 2019)  New York Managing Partner Bradley J. Levien recently went to trial in Suffolk County, New York on behalf of a national furniture retailer.  Plaintiff claimed to have fallen in one of their parking lots while riding a motorized unicycle.  Plaintiff, a court stenographer, claimed to have suffered a fractured shoulder and missed time from work as a result.  Mr. Levien demonstrated the […]