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Articles Posted in Litigation Strategies

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Maryland Federal Court Ruling on Personal Jurisdiction

The Maryland Daily Record reported yesterday that U.S. District Judge Richard D. Bennett dismissed the complaint filed by prison inmate Byron Smoot against hip-hop mogul Russell Simmons, finding that Simmons and co-defendant Missouri based Kellwood Company lacked the requisite minimum contacts with Maryland that would make them amenable to jurisdiction…

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Juror Misconduct Allegations in Florida Medical Malpractice Case

Rene Stutzman of the Orlando Sentinel reported this week the post-trial tactic of the defendant’s medical malpractice lawyers after a $28 million verdict in Florida. The tactic: if you lose the trial, put the jurors on trial. Defense attorneys say three of six jurors lied during jury selection and are…

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Motorcycle Accidents: Is Failure to Wear a Helmet Contributory Negligence in Maryland?

A former insurance law student of mine asked this week whether Pittsburgh Steelers quarterback Ben Roethlisberger’s failure to wear a helmet in his motorcycle accident earlier this month would be contributory negligence under Maryland law. Good question! Under the current state of the law, the answer is a qualified no.…

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Requests for Recorded Statements: One Suggestion on How Attorneys Should Respond

In a comment to my May 22, 2006 post on giving recorded statements to insurance companies, Atlanta personal injury lawyer Ken Shigley makes a great point about how lawyers can knock insurance companies off their moral high ground when an injury victim’s car accident lawyer refuses to give a recorded…

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Recorded Statements: Why You Should Not Give and the Possible Exception

Most insurance adjusters tell personal injury lawyers that they need a recorded statement from the lawyer’s client to “firm up liability” or to “assess credibility.” But providing a recorded statement is typically a “loose-tie.” It rarely results in a finding on liability in favor of the accident attorney’s client. Not…

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