One thing I have committed to in 2013 is writing a blog post on every new Maryland personal injury-related opinion. Not just for you or for the blog traffic but to keep me abreast of ever-changing Maryland law. If you think I have missed a case, please let me know.…
Articles Posted in Maryland Courts
Intersection of Tort and Contract: New Maryland High Court Opinion
Last week, the Maryland Court of Appeals decided 100 Investment Limited Partnership v. Columbia Town Center Title Company. This is a business transaction case, so it is a little outside the usual purview of this blog. But it talks duty of care in tort cases which is spot on a…
New Sanctions Opinion
Insurance companies are sometimes arrogant about [fill in the blank]. One phrase that fits neatly into that blank is “pretrial obligations.” The insurance company is not a party to the case and it feels at least a little outside the reach of a judge’s fist. Judges used to the fear…
I Hate the Collateral Source Rule Today
An opinion in the U.S. District Court of Maryland last week began like this: This case is rooted in a hunting trip in South Africa, during which Dennis Danner, Alexander Danner, and Michael Coletta, plaintiffs, each killed a “trophy quality” male lion. The lion skins and skulls (the “Lion Trophy”…
The Limits of Texting Accident Lawsuits
Click to enlarge The 4th U.S. Circuit Court of Appeals on Thursday affirmed a summary judgment ruling dismissing a trucking dispatching system manufacturer from a personal injury accident lawsuit. The court ruled that the company could not be responsible for a crash allegedly caused by a texting driver. Interesting facts…
Plaintiffs Forum Shop and Lose Entire Case: New Maryland Court of Special Appeals Opinion
On Christmas Eve, the Maryland Court of Special Appeals issued a treatise of an opinion written by retired Judge Charles E. Moylan in Antar v. Eagan. I will not give you a complete analysis because it is Christmas, but this case is worth talking about for Maryland personal injury attorneys.…
New Ad Damnum Law in Maryland (with 2020 update)
Everyone has their soapbox issues where they maintain the rest of the world is crazy and sanity would be restored if everyone would just listen to us. I have mine; you have yours. Usually, at least for me, few others are paying attention and the world continues to be the…
The WMATA Can Do Whatever It Wants to You: Maryland Law Is That It Is Open Season on Passengers
Today, I will break down the election from every conceivable angle and offer my opinions on how America chose and why. Wait, don’t go anywhere. I’m kidding. I’d rather eat my own kidneys then talk about politics for another second. Let’s get back to developments in Maryland law. The Maryland…
Can Parents Sign Away Minor Child’s Potential Tort Claims?
Tort lawyers rarely spend a ton of time worrying about whether their clients have indemnified the defendant for their own negligence because it rarely comes at issue. You rarely contract with the person causing you harm unless you are a patient and the world has not gone so mad as…
Two Caps in Maryland Wrongful Death Cases: New Appellate Opinion
We frequently get letters and phone calls from prisoners. It is hard not to discount these cases. It is not just the “People in Jail Are Less Likely to Be Credible” problem. It is also the “People Who Have Tons of Time on Their Hands Tend Chase Windmills” problem that…