The Maryland Court of Appeals has signed off on some modifications to the Maryland Rules. Of particular interest to both lawyers and clients is new Maryland Rule 16-110. This recent rule addresses the crucial issue of our day of whether you can bring a cell phone into court in Maryland.…
Earlier this month, I wrote a blog post about Vermont Senator Patrick Leahy’s proposal to allow retired Supreme Court justices to hear cases to avoid 4-4 splits in conflict situations, an issue that is getting attention because of the conflicts that Justice Kagan has for many pending cases. The Maryland…
The Maryland Court of Special Appeals interpreted a mandatory fee dispute arbitration requirement for attorney fee disputes in the District of Columbia today. The issue is whether a personal injury law firm was entitled to 40% of Plaintiff’s recovery or whether the fee increased to 50% because the “Plaintiff prevailed…
Senator Patrick Leahy proposed a new law that would allow a retired Supreme Court justice to pinch-hit if a justice recuses himself or herself from a case. The idea is that it would lead to fewer 4-4 rulings, in which case the lower court ruling stands. The Maryland Court of…
There is a verdict in Metro Verdicts Monthly in Prince George’s County that I’m amazed has received no media coverage. The Plaintiff, a 17-year-old baseball pitcher, received a $52,703 verdict for the right arm fracture he suffered while throwing a pitch in a baseball game. Two questions come to mind:…
The Maryland Court of Appeals found today in a 5-2 opinion in a lead paint case that an individual member of a Maryland limited liability corporation (LLC) can be personally liable for torts committed on behalf of the LLC. The case, Allen v. Dackman, is a classic Baltimore lead paint…
LGTCA is just plain unfair Yesterday, The Maryland Court of Appeals decided Prince George’s County v. Longtin. The Plaintiff in this case was arrested for murdering his wife. When the real bad guy was found, Plaintiff brought a claim against Prince George’s County, alleging false imprisonment and, more significantly that…
Yesterday in Burnside v. Wong, the Maryland Court of Appeals affirmed the Court of Special Appeals and a Baltimore City trial judge’s finding that Baltimore County was an appropriate venue for a medical malpractice lawsuit filed in Baltimore City. Trial Judge Usually Makes the Call on Venue The doctor had…
The Maryland Court of Appeals has two big cases in 2009—a lead paint case and a medical malpractice claim – in which plaintiffs seek a path around Maryland’s non-economic damages cap after big jury verdicts. Plaintiffs lost Round 1 today. [2019 update: And Round 2, Round 3, and so on.…
The Maryland Court of Special Appeals found Monday that the trial court erred in excluding the estate of a five-year-old drowning victim from presenting a survival action for conscious pain and suffering of the child while drowning. You can find the opinion here. I first blogged about this case two…