Resource Center

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 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 […]

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 […]

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 […]

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 […]

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 […]

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 […]