Facebook discovery is all the rage amongst defense lawyers in personal injury cases. The reason is twofold. First, it gets defense lawyers access to information that might lead to admissible evidence that could diminish a plaintiff’s claim. Rarely will it relate to liability but there is an actual possibility that…
The Maryland Court of Special Appeals recently decided Johnson v. Franklin, a lead paint case with an unique discovery issue. The Underlying Case I’m glad you kept reading, you law scholar you! Anyway, these are the facts. A lead paint case is filed in Baltimore City Circuit Court pertaining to a…
Social media is great. It’s an excellent way to maintain contact with old friends. It’s an excellent place to get news before any TV station gets it. You can even follow Miller & Zois on Facebook. We are pretty cute, right? But it is a scary new world. How many times…
One of the benefits for plaintiffs’ attorneys is that we are far better able to dictate the pace of the litigation. Some squander this opportunity by failing to fully load the gun before firing it. When we serve the defendant with the Complaint, we will, on our first round of…
Drafting Interrogatories In Maryland, each party is allowed 30 interrogatories under Maryland Rule 421 without leave of the court. I was looking at a case today that was referred to us by a lawyer who had already filed suit in the case. Our lawyers are normally hesitant to take a…
Instead of discussing various torts that could be committed against Raul Ibañez, a man I will now irrationally detest for the rest of my adult life, let’s talk today about witness statements and whether they are discoverable. There was an interesting opinion in a California wrongful death case this summer,…
Forbes, via Overlawyered, has an interesting article on Houston lawyer, Steve Susman’s efforts to cover lawyers on both sides of the aisle to try more jury trials… and make cases easier to try. How? Buy reaching stipulations on all the dumb things lawyers argue about. Great idea that will never…
The Maryland Court of Appeals tackled a piece of one of the new vexing issues our courts face: dealing with social media. Most of the legal opinions circulating around involve discovery of social media such as Facebook and Twitter in civil cases. The court’s opinion in Griffin v. State deals…
Last week, the Maryland Court of Special Appeals decided Logan v. LSP Marketing, a lead paint case in Baltimore City. Facts of Logan v. LSP Marketing This case involves a lead paint poisoning lawsuit filed by Jamal Logan against 22 defendants, including LSP Marketing Corporation and Basilio Lachica. LSP filed…
Besides Kearney v. Berger, there was another interesting opinion that came down from Maryland’s appellate courts yesterday. The Maryland Court of Special Appeals ruled on an interesting discovery issue in a landlord-tenant case that has implications for Maryland personal injury lawyers. The underlying case is a dispute between Checkers –…