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Recently, in a March 17, 2022 decision, the Supreme Court of New Jersey analyzed the “mode of operation” doctrine’s applicability in a situation where the defendant business sold grapes in a closed clamshell container. Jeter v. Sam’s Club, 250 N.J. 240, 243 (2022). The plaintiff, Aleice Jeter, alleged injuries that resulted from a slip and fall on one or more grapes at a Sam’s […]

Under New Jersey Court Rule 4:17-7, discovery amendments after the discovery end date are only permissible if the party seeking to amend certifies therein that the information requiring the amendment was not reasonably available or discoverable by the exercise of due diligence prior to the discovery end date. Utilizing this Court Rule, a New Jersey attorney recently prevailed on a motion to bar a […]

Companies are slowly investing resources into the Metaverse. A few law firms are starting to follow into this new unchartered world — the benefits and pitfalls that await them are numerous and unknown. But first, what is the Metaverse? The term is a combination of the prefix “meta” (meaning beyond) and the stem “verse” (meaning the universe). The term’s very general definition is appropriate […]

On Friday, March 11, 2022 a jury in Greensburg, Westmoreland County, PA rendered a verdict in the case of Michael Fraser vs. Robert and Laura O’Black.  This verdict, the largest in Westmoreland County history, was for $19 Million Dollars. The plaintiff, Michael Fraser, a 21 year old young man, was attending a holiday party at the O’Black residence on July 6, 2013.  According to […]

Recently, in a 6-1 decision, the Florida Supreme Court amended Florida Rule of Appellate Procedure 9.130 to authorize interlocutory appeals of nonfinal orders granting or denying motions for leave to assert claims for punitive damages. Under Florida law, plaintiffs may not allege punitive damages without leave of court, and the granting or denying of a motion for leave to assert punitive damages has a […]

On January 18, 2022, Governor Phil Murphy enacted the “New Jersey Insurance Fair Conduct Act.”  Pursuant to the Act, a person injured in a motor vehicle accident and entitled to uninsured or underinsured motorist coverage can sue his/her insurance company for “an unreasonable delay or unreasonable denial of a claim for payment of benefits under an insurance policy…” or violation of the New Jersey […]

New Year, New MSZL&M Calendar. To celebrate the new year, MSZL&M attorneys Larry Sarowitz and Alex Krasnitsky have created a 2022 MSZL&M photo Calendar. Larry and Alex have been making a yearly calendar of their photos for more than five years, and nothing makes them happier than to share it with their friends and colleagues. If you would like a copy, please email Kate […]

On March 18, MSZL&M closed our offices for two weeks to flatten the curve.  Almost two years later, we have been reminded that necessity is the mother of invention and an ounce of prevention is worth a pound of cure. Having a cloud based IT system allowed us to seamlessly transition to working from home without pause.  However, we realized there were aspects of […]

On June 15, 2020, the United States Supreme Court held in Bostock v. Clayton County, 590 U.S. ___ (2020), that Title VII of the 1964 Civil Rights Act, which bars employment discrimination “because of [an employee’s] race, color, religion, sex, or national origin,” includes discrimination based on sexual orientation and gender identity.  Significantly, in a 6-3 decision, the Bostock Court ruled that, when an […]

South Florida Partner, Randy J. Lipkien, obtained summary judgment in a premises liability claim against our client, a construction contractor. Plaintiff claimed she sustained serious injuries tripping over a curb leading into her place of employment. Plaintiff claimed the curb was constructed “too high” causing her to get her foot caught on it and fall to the ground. Our client maintained that the curb […]