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Superior Court of New Jersey Rules that Property Owners’ Traditional Non-Delegable Duty to Maintain its Premises is Not Absolute

Recent Verdicts | 21 Mar 2018 | by

(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 […]

Taxicab Passenger Not Entitled to Uninsured Motorist Benefits under the Taxicab’s Policy

Recent Verdicts | 21 Mar 2018 | by

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 […]

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 […]

MSZL&M’s Recent Success in Arguing Dismissal Based Upon the Summary Judgment Standard in New Jersey

Recent Verdicts | 1 Jan 2018 | by

By Melissa Mudry 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, […]

MSZL&M Attorneys Boggs and Berty Published in PBA Civil Litigation Update

Press Releases | 1 Apr 2017 | by

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 […]

MSZL&M Secures Defense Verdict in Casino Premises Liability Case

Recent Verdicts | 1 Apr 2017 | by

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: Cherry Picking Turned Sour

Client Resources | 1 Feb 2017 | by

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 […]

A Failure to Communicate: Ethical Pitfalls in Negotiating Medicare Subrogation Liens

Client Resources | 1 Feb 2017 | by

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 […]

Mintzer Sarowitz Secures Dismissal in Salvation Army Building Collapse Case

Press Releases | 1 Feb 2017 | by

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 & […]