Just before the coronavirus shut the world down, the Maryland Court of Special Appeals issued an interesting unreported opinion in a premises liability case in Montogmery Counrty that looks at voir dire in Maryland, an issue that has always interested me in Smith v. Rollins Real Estate. Case Facts The…
Defense lawyers are often obsessed with getting the victim’s mental health records. They rarely bear the juicy fruit they seek. But this does not deter them. In St. Luke Institute Inc. v. Jones (No. 62, Sept. Term 2019), the Maryland Court of Appeals laid out a step-by-step roadmap for when…
Getting records and bills from medical providers is a lot harder than it should be. The Maryland Court of Special Appeals has a new opinion that makes the collection of records even harder. Yes, thankfully, it is an unreported opinion. But it is still a message that health care providers…
In Stracke v. Butler the Maryland Court of Appeals ruled that a pair of ambulance paramedics from the Baltimore City Fire Department were immune from liability because their actions in transporting a man to the hospital were not “grossly negligent.” This case involves the scope of immunity provided by the Maryland…
Last month, Maryland’s Court of Appeals upheld a $7 million verdict to the plaintiff in an asbestos case even though there was no direct evidence that the defendants had installed the asbestos products at issue. In Wallace & Gale Asbestos Settlement Trust v. Busch, a 6-1 majority held that direct…
Breaking up with a client is something all personal injury attorneys do on a fairly regular basis. A lot of cases look promising. But an investigation and review of the medical records can sometimes paint a very different picture. This is particularly true in medical malpractice cases where the medical…
I’m also fired up for a new year of appellate opinions. Something about having a new year on a case that just seems exciting to me. (In an unrelated note, I have four kids and few hobbies.) But there have been few tort related appellate opinions this year to get…
The Maryland Court of Special Appeals looked at the scope of settlement releases in Harvey v. City Homes, Inc last week. The case has some important reminders for Maryland plaintiffs’ attorneys that the case is not over after a settlement or verdict because the language of the release may be…
In Duckett-Murray v. Encompass Ins. Co. of Am., Encompass did its best effort to refuse coverage when its insured needed it after thirty years of receiving premiums from its insured. This has to be the least shocking development since Kim Kardashian’s last divorce. Listen, unlike a lot of lawyers, I understand…
I’ve complained to you (all 14 of you) for years about Maryland’s ridiculous refusal to adopt dram shop laws to allow lawsuits against bars and restaurants who knowingly serve drunk people who then go out and hurt of kill someone. A divided Court of Appeals says the Legislature should take…