I have always had an interest in spoliation of evidence. Spoliation is the negligent or intentional destruction or alteration of evidence or failing to preserve evidence for relevant to future, and sometimes even pending, litigation. This is not an issue we see often in car accident cases but we see…
An amendment to Rule 1-311 went into effect on January 1st. The amendment requires that all pleadings filed electronically with an electronic signature must include the attorney’s client protection fund number. I cannot find the amended version of this new rule online. I highly doubt Judge Barbera will drive down…
Late last year, the Maryland Court of Appeals decided yet another “Should we shoot for justice or dwell on the hypertechnical?” case in Lisy Corp v. McCormick and Co. The court went the wrong way. Here, the Plaintiff filed a lawsuit in Howard County alleging both tort and contract claims.…
Last week, the Maryland Court of Appeals decided Falls Garden Condominium Association v. Falls Homeowner’s Association. It is not a personal injury case. In fact, it’s a case about parking spots. But Falls Garden is actually a case about settlement contracts and their enforceability. If you are a Maryland personal…
But she caught me on the counter (It wasn’t me) Saw me banging on the sofa (It wasn’t me) I even had her in the shower (It wasn’t me) She even caught me on camera (It wasn’t me) She saw the marks on my shoulder (It wasn’t me) Heard the…
Maryland courtrooms are slow keeping up with the times. This is not an altogether bad thing. What happens in the courtroom matters and we should probably let society work out the kinks of technology and understand all of the potential unintended consequences before our judicial system leaps into the next big…
Update: Stop the presses. This rule has already been repealed. We have a new rule in Maryland: Rule 1-322.2: Rule 1-322.2 shall take effect and apply to all actions commenced on or after July 1, 2014, and insofar as practicable to all actions then pending. (a) Certificate Required. Every pleading…
The Maryland Court of Appeals just affirmed a lead paint verdict against the Baltimore Housing Authority. This is yet another case where a governmental entity sought the refuge of the Local Government Tort Claims Act. Thankfully, the Baltimore Housing Authority could not avail causing brain damage to a child…
In Pearson v. State, the Maryland Court of Appeals earlier this month addressed the important question of which voir dire questions, if requested, must be asked of prospective jurors. Why am I writing about it? It might have important ramifications on civil personal injury jury cases. The case’s facts are…
New Uninsured Motorist and Jury Awarded Zero in Pain and Suffering Damages Opinion Last week in Keller v. Serio, the Maryland Court of Appeals took yet another look at two issues that have been reoccurring leitmotifs in Maryland appellate opinions: (1) to what extent can we talk about uninsured motorist…