MSKF Victory in Third Circuit for Patient’s Rights

A recent decision by the Third Circuit Court of Appeals has held when a patient assigns payment of insurance benefits to his or her healthcare provider, without explicitly referring to the right to file suit, the assignment of benefits alone is sufficient enough to give the provider standing to sue for those benefits under ERISA § […]

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$2.5 Million in Product Liability Case against Yamaha Motors

Can you imagine going for a ride on a snowmobile, checking underneath to clear any problems just like most other snowmobilers do, and suddenly having an accident, resulting in your leg being severely injured, necessitating amputation?  This was what one plaintiff, Dennis Mohr (“Mohr”) had to go through in Mohr v. Yamaha Motor Company Ltd., […]

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Heroes or Saviors in a Manufactured Emergency?

Emergency primary angioplasty was performed on two patients, resulting in good outcomes, but leaving the question of whether they should have performed the emergency angioplasty at all.   Warren Hospital (“Warren”) appealed a final agency holding of the New Jersey Department of Health and Senior Services (“Department”) which led to sanctions being imposed on the hospital […]

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Why is it important that your expert doesn’t give a net opinion?

In Townsend v. Pierre, 221 N.J. 36 (2015), in an unanimous decision authored by Justice Patterson, the New Jersey Supreme Court held experts must, “be able to identify the factual bases for their conclusions, explain their methodology, and demonstrate that both the factual bases and the methodology are reliable.” For a plaintiff, this means the […]

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Notice of Claim: Under what circumstances is the ninety day deadline waived?

In a recent published decision from the New Jersey Appellate Division, the state’s intermediate appeals court found counsel’s failure to file a timely notice of claim was could be excused by an attorney’s grave medical condition. Pursuant to N.J.S.A. 59:8-8(a), a notice of claim must be filed within ninety days of the accrual of his claim when […]

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Decision Upheld in Denying Hospital’s Motion to Dismiss in a Wrongful Death Case

In Joyner v. Ortiz, Superior Court of New Jersey, Appellate Division, Docket No. A-2264-12 (July 8, 2013), the appellate panel held, despite plaintiff’s failure to name a defendant hospital within the two year time statute of limitations, the case could proceed against the hospital named in the amended complaint, as the wrongful death complaint was timely […]

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Mazie Slater Katz & Freeman 2015 Legal Studies Scholarship

As part of its community efforts to support the community of those New Jersey residents who have been affected by personal injury, the law firm of Mazie Slater Katz & Freeman has announced the creation of the annual Legal Studies Education Scholarship. This $2,500 scholarship will be awarded for the first time in 2015, and […]

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Workers Compensation Carrier and Employers Not Entitled to Reimbursement on Workers Compensation Third Party Action

In Thomas v. City of East Orange, Docket No. 1-1468-10 (App. Div. 2011), the Appellate Division panel, Judges Reisner and LeWinn, affirmed the trial court’s ruling, holding an injured employee does not have to reimburse an employer or carrier for monies paid on a workers compensation claim when the third-party tortfeasor is a public entity.. […]

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Have You or Someone You Know Used Benicar, Benicar HCT, Azor, or Tribenzor?

Mazie Slater Katz & Freeman is currently on the forefront of investigating claims and filing suit against Daiichi Sankyo, the manufacturer of Benicar, Benicar HCT, Azor, and Tribenozor – products which contain the active ingredient Olmesartan medoxomil. Studies have linked olmesaratan with several maladies, most important, a condition called sprue-like enteropathy, a rare and debilitating […]

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