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 […]
News | 21 Mar 2018 | by Defense Counsel
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 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. […]
News | 21 Mar 2018 | by Defense Counsel
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 […]
News | 21 Mar 2018 | by Defense Counsel
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 […]
News | 21 Mar 2018 | by Defense Counsel
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 […]
About the Firm | 21 Mar 2018 | by Defense Counsel
To better serve our clients in jurisdictions throughout Northern Florida and the “Panhandle,” MSZL&M is pleased to announce the expansion of our law firm into the City of Jacksonville, Florida. Our new office is now open for business, and is located at : 4651 Salisbury Road Suite 400 Jacksonville, FL. 32256 Tel: 904-516-0900 Fax: 904-701-0307 www.defensecounsel.com
Mintzer Sarowitz Zeris Ledva & Meyers LLP recently secured a summary dismissal of the defendant in a personal injury case by appositely arguing New Jersey’s evolving precedent governing statutes of limitations. The dismissal implicated the interplay between considerations of interjurisdictional equity and New Jersey’s policy of repose. The plaintiff timely filed suit in New York state court for personal injuries that he allegedly sustained […]
Jury Awards Only 25 Percent of Final Settlement Demand MSZL&M Partner Louis Hockman recently secured an outstanding verdict for a national retail store when a jury awarded the plaintiffs roughly 25 percent of the plaintiffs’ final settlement demand (and approximately 40 percent of the lowest settlement recommendation made by the trial judge). In this action, filed in Philadelphia County, the injured plaintiff tripped and fell in […]