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 […]
News | 1 Feb 2017 | by Defense Counsel
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 […]
PHILADELPHIA, Pennsylvania (February, 2017) – After more than three years of litigation and nearly five months in trial, a jury reached a verdict in the controversial Philadelphia Salvation Army building collapse case, finding all but one defendant liable. The exonerated defendant was represented by Pennsylvania civil trial lawyers Daniel J. McCarthy and William M. Brennan, of the civil litigation defense firm Mintzer Sarowitz Zeris Ledva & […]
TAMPA, Florida (February 2017) – In a Florida case, a plaintiff brought an automobile negligence suit against our clients—a driver and her employer—arising from a rear-end collision, which occurred in August of 2011. The plaintiff claimed he was permanently injured as a result of the accident, after which there was minimal property damage and both vehicles were fully operable. His alleged injuries included permanent sprain/strain […]
(MEDIA, PA. February 17, 2016) MSZL&M Partner Larry Kelly successfully convinced a Delaware County, PA jury that the plaintiff was not entitled to any award for pain and suffering or future medical expenses in the case of Christopher Kerns v. Chester Downs. Surveillance video confirmed plaintiff slipped, but did not fall, exiting defendant’s casino. The investigation revealed that the plaintiff had just stepped off a […]
This discreet issue was recently ruled upon by the U.S. Court of Appeals for the Third Circuit in Goldenstein v. Repossessors Inc., 815 F.3d 142 (3d Cir. 2016). By way of background, Mr. Goldenstein obtained a $1,000 loan from Sovereign Lending Solutions, LLC. The terms of the loan required Goldenstein to place his car for collateral and agree to a 250% interest rate on the […]