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Defending Diskectomy Cases

Client Resources | 22 Mar 2018 | by

What is a Diskectomy? A diskectomy is a surgical procedure to remove the damaged portion of a herniated disk.  Herniated disks can irritate or compress a nerve, which can cause pain, numbness or weakness in the neck, back, arms or legs.  A diskectomy is best used in the treatment of radiating symptoms but is less helpful for the treatment of actual neck and back […]

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 […]

Update on Social Media-Related Discovery and Potential Ethical Constraints

Client Resources | 21 Mar 2018 | by

Building a Case with Information on Social Media Accounts As an update to our recent article on the importance of social media-related discovery, the guiding principal remains what is “material and necessary” to the defense of the litigation.  Once the defendant has jumped that hurdle, the court will then have to determine whether the account holders’ rights to privacy outweigh the defendants’ rights to view […]

Weathering the Storm

Client Resources | 21 Mar 2018 | by

An Overview of Snow and Ice Related Premises Liability Standards for Pennsylvania, New Jersey, New York, Maryland, Delaware and West Virginia When snow and ice accumulate, property owners and occupants run the risk of liability in the event of a slip and fall accident.  The premises liability standards pertaining to snow and ice conditions can be complex due to evolving case law and the […]

The Governmental Function Immunity Defense of Municipalities in Personal Injury Cases

Client Resources | 21 Mar 2018 | by

The Criteria for Governmental Immunity Defense In order to raise the defense of a governmental immunity, it is incumbent upon the municipal defendant to meet two criteria: 1.   Governmental Entity –  First, it must be established that the defendant is an actual governmental entity, which includes New York (or any other State) and its subdivisions and agencies, municipal corporations, district corporations and public benefit corporations.  […]

The Internet and Defamation

Client Resources | 21 Mar 2018 | by

To prove defamation a plaintiff must establish four elements: The defendant made a false statement purporting to be fact; The statement was published or communicated to a third person; The defendant was at fault in making the statement; and The statement caused damages or harm to the person who is the subject of the statement. In order for statements to be considered defamatory when […]

Pollution Liability Coverage

Client Resources | 21 Mar 2018 | by

Pollution legal liability (PLL) insurance coverage is an area of liability insurance coverage that can have a major impact on a company’s bottom line, as many companies may face pollution risks to other parties or to their own properties.  PLL policies can be significant as the policy can provide for the cost of cleanup efforts, lawsuits and legal fees, not to mention emergency response […]

The Reptile Theory: A New Plaintiffs’ Strategy to Secure Large Jury Verdict

Client Resources | 21 Mar 2018 | by

What is the Reptile Theory? The reptile theory is a somewhat new strategy that plaintiff attorneys are using to obtain large jury verdicts at trial. It is called the reptile theory because reptiles go into attack mode when threatened or frightened (i.e., don’t mess with an alligator and it won’t mess with you). The plaintiff attorney wants to use fear to threaten a jury […]

Law Firms are Prime Targets for Data Breaches and Cyber Theft

Client Resources | 21 Mar 2018 | by

MSZL&M is serious about our clients’ data security. Cyber theft is on the rise, and law firms, with minimal cybersecurity defenses and a treasure-trove of sensitive and confidential data, are the latest targets. While the majority of high-profile data breaches have targeted financial institutions, retail establishments, and medical providers, breaches and security concerns have recently increased for law firms. Sensitive and Confidential Information Law […]