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Recently, Peter Frucchione of our New York City office prevailed on a Motion for Summary Judgment which attacked the claim that the plaintiff had sustained a “serious injury” pursuant to New York State’s Insurance Law threshold standards. Typically, threshold motions involve collateral attacks on one of the many cubby holes, set forth in the Insurance Law, such as whether the plaintiff sustained a “permanent collateral limitation […]
(NEWARK, NJ) – The Superior Court of New Jersey has dismissed a premises liability claim brought by a plaintiff against a property owner after a slip and fall accident, ruling that a property owner’s non-delegable duty to maintain its premises is not absolute. The plaintiff filed a lawsuit against a property owner, seeking to recover damages stemming from a slip and fall incident on […]
MSZL&M Relies Upon Appellate Division Decision to Successfully Defend a New Jersey Insurance Company from Taxicab Passenger’s Claims for Uninsured Motorist Benefits A vehicle owned by Andy Auto and operated by Danny Driver (“Driver 1”) was involved in a motor vehicle accident with a vehicle driven by Darius Driver (“Driver 2”).  At the time of the accident, Driver 1 was operating his motor vehicle […]
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. […]
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 […]
New Jersey Court Rule 4:46-2 enables a party to move for summary judgment.  The rule and its subsequent jurisprudence mandates that an award of summary judgment is warranted in instances in which there are no material facts in dispute and the moving party is entitled to judgment as a matter of law.  See Judson v. People’s Trust Co. of Westfield, 17 N.J. 67, 73 (1954).  Below […]
PHILADELPHIA, Pennsylvania (April, 2017) – Civil trial attorneys Joshua Boggs and Jordan Berty of the civil defense firm Mintzer Sarowitz Zeris Ledva & Meyers, LLP (MSZL&M) have been published in the Pennsylvania Bar Association’s Civil Litigation Update. In the article, Attorneys Boggs and Berty share a cautionary tale regarding the importance of timeliness when responding to a complaint, judgment or any notice of legal action, referencing Guntrum v. Citicorp […]
DELAWARE COUNTY, Pennsylvania (April, 2017) – Mintzer Sarowitz Zeris Ledva & Meyers LLP (MSZL&M) recently obtained a defense verdict in a premises liability case involving a casino, the results of which were published in Zarin’s Jury Verdict Review & Analysis. The case was tried by MSZL&M’s civil trial attorney Lawrence M. Kelly in the Court of Common Pleas of Delaware County, PA. The plaintiff, a […]
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 […]