The Maryland Daily Record is reporting that Governor O’Malley today named Robert N. “Bob” McDonald to the Maryland Court of Appeals. Soon to be Judge McDonald is the chief counsel of the Opinions, Advice and Legislation Division in the Office of the Maryland Attorney General where he has been for…
This is a time of year for top 10 lists. So I have put together a list of the top 10 opinions of interest to personal injury lawyer from the Maryland Court of Appeals and the Maryland Court of Special Appeals and from the federal bench: Poole v. Coakley Williams…
I was always into statistics. When I was little, baseball statistics were the outlet. I was doing Moneyball when Billy Beane was still learning what a double steal is. (This is hyperbole. I like to exaggerate the things I saw coming.) Like a lot of us, I looked at risk…
In a new opinion by the Maryland Court of Appeals, the court answers whether Maryland’s Health Claims Arbitration requirements should apply to cases filed in federal court where the malpractice occurred outside of Maryland. Certainly an important issue to address. Lewis v. Waletzky involves a claim that a psychiatrist in…
Three years ago, after the Maryland Court of Appeals denied certiorari in Allen v. Marriott Worldwide, our law firm stopped taking snow and ice slip and falls. Maryland appellate courts had been battering bad weather slip and fall plaintiffs over the head with the assumption of the risk doctrine. We…
The Maryland Court of Appeals issued a game-changing lead paint decision today, declaring unconstitutional an awful Maryland law that immunizes most Maryland landlords who rent properties that cause children brain injuries from lead paint. A Brief History of Lead Paint Lawsuit in Baltimore Before I get to that, a little…
The Georgia Criminal Appellate Blog writes about the concern that his clients will “over-learn” the lesson of Amanda Knox’s successful appeal: For the criminal trial lawyer, the Casey Anthony verdict was the result that made it difficult to counsel clients on whether to accept a negotiated plea rather than risk…
Twitter is giddy about a Baltimore Sun report that a medical malpractice defense law firm lost a portable hard drive containing medical records for 161 stent patients in the lawsuit against cardiologist Dr. Mark G. Midei for alleged malpractice at St. Joseph Medical Center in Towson. Apparently, an employee of…
Every plaintiffs’ attorney in Maryland has at some point become frustrated with an insurance company over the gameplay regarding their client’s insurance policy. Under current Maryland law, an insurance company is not required to disclose its policy limits although such information is readily available in discovery after a lawsuit is…
In DRD v. Freed, the Maryland Court of Appeals affirmed the constitutionality of the Maryland cap on noneconomic damages. I was a big Fred Flintstone fan. So when the court in Freed said the cap was “embedded in the bedrock of Maryland law” because it has been around for 17…