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Author: Defense Counsel

H. Maxwell Wihnyk Attorney Image
MSZL&M and Jacksonville, Florida Associate, Maxwell Wihnyk obtained summary judgment in a personal injury claim against a national retailer.  Plaintiff fell in a parking lot as she was on her way to shop.  Plaintiff slipped as she stepped up onto the perimeter sidewalk surrounding the entire shopping complex.  Plaintiff underwent extensive treatment, including multiple injections to her back and knees.  Plaintiff was given a […]
There is a recurring word that continues to be expressed every time  we are discussing with our clients whether there will be workers compensation coverage for COVID-19  and that word is “MAYBE”.  Unfortunately, there is no magic pill for either treating this virus or as an answer as to whether states will cover these claims.  Every state, having its own specific workers compensation scheme, […]
On March 9, 2020, California Governor Gavin Newsom became the first U.S. governor to order mandatory stay-at-home restrictions in an effort to curb the spread of coronavirus infections.[1]  Since then, dozens of other states, cities and localities have followed suit in an effort to protect their citizens from the scourge of this deadly disease.  As of March 28, 2020, at least 228 million people […]
Bradley K. Shafer Attorney Image
Employers: Click Here for the Families First Coronavirus Response Act, Employee Rights Poster Click on the following link to access a copy of the poster:  https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf Please contact Bradley Shafer, 304.241.2976 (Tel); bshafer@defensecounsel.com with any questions you may have regarding rights and responsibilities under the Act. 
Bradley K. Shafer Attorney Image
WHAT YOU NEED TO KNOW ABOUT THE EXPANSION TO THE FMLA AND THE EMERGENCY PAID SICK LEAVE LAW UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT On March 18, 2020, President Trump signed HR 6201 which is titled the Families First Coronavirus Response Act.  While the Act addresses a number of topics relating to the COVID 19 pandemic, employers are particularly interested in the expansion […]
COVID-19 RESOURCE DIRECTORY: CURRENT STATUS OF COURT CLOSURES The following links will provide you with the current status of Court Closures in States we serve: Delaware: State: https://courts.delaware.gov/ Federal: https://courts.delaware.gov/supreme/    https://www.ded.uscourts.gov/   Florida: State: https://www.floridasupremecourt.org/    https://www.flclerks.com/general/custom.asp?page=COVID-19           Federal: http://www.flnd.uscourts.gov/       https://www.flmd.uscourts.gov/    https://www.flsd.uscourts.gov/federal-judicial-districts-florida              Maryland and District of Columbia: State: https://mdcourts.gov/ https://www.courts.state.md.us/ https://www.dccourts.gov/ Federal: https://www.cadc.uscourts.gov/internet/home.nsf https://www.mdd.uscourts.gov/   New Jersey: State: https://njcourts.gov/           Federal: https://www.njd.uscourts.gov/        New York: State: […]
Businesses are closed.  Stores and malls are empty.  Restaurant tables and hotel rooms sit vacant.  Sporting events and conferences are canceled.  Supply chains are disrupted or destroyed.  The ripple effects of the novel coronavirus are expected to wreak havoc on commerce worldwide for an extended period of time.  News reports already indicate that the impacts are being felt across virtually every industry.  Without a […]
Dear Clients and Colleagues, As we continue to be impacted by COVID-19, we have been monitoring developments and relying on guidance from the Centers for Disease Control (CDC), World Health Organization (WHO) and other relevant organizations to establish our own processes to keep our team members, clients and community as safe as possible while ensuring continuing quality service.  At this time, and in accordance […]
Alexander Krasnitsky Attorney Image
New Jersey Supreme Court rules that a commercial tenant has sole responsibility for snow and ice removal in a slip and fall injury case where the tenant assumed responsibility for maintenance of the property, overcoming the previously established law that imposed a non-delegable duty for snow and ice removal on commercial landlords. On February 6th, 2014, Shields, a driver for Federal Express, slipped and […]
A restaurant employer in West Virginia shook up its management team and installed a new kitchen manager, bar manager, front of house manager, and then hired a new general manager from outside the restaurant.  The bar manager and front of house manager began making complaints to upper level management about the new general manager claiming he was using drugs in the workplace.  An internal […]