I stumbled on an interesting Chicago Law Review article today by Eric Posner (Judge Richard Posner’s son) and Cass Sunstein (now with the Obama administration). I like Sunstein’s views on several issues, including animal rights. I talk about this article in this post and then I jump on a tangent…
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…
The first negligence lawsuit arising from the Covid-19 pandemic has already been filed. On March 9, 2020, a couple sued Princess Cruises for their experience onboard the Grand Princess Cruise ship. An outbreak of Covid-19 on the Grand Princess resulted in 28 or more cases of the virus. There will…
I got a call Thursday night from a woman alleging medical malpractice. My first question is always when did this happen because I need to determine if she has either missed Maryland medical malpractice statute of limitations. I also need to know if she is so close to it that…
Do you want to make a pain and suffering claim without a lawyer? I believe car crash injury victims are always better off hiring a lawyer for many reasons not worth fully exploring here (but I do here) even in soft tissue muscle, tendon, and ligament injury cases. Why You May…
It’s been less than a month since the tragic helicopter accident in the Santa Monica Mountains that killed NBA legend Kobe Bryant, his 13-year-old daughter Gianna and 7 other people. Kobe’s widow, Vanessa Bryant, has already sued the helicopter operating company and the pilot. Vanessa Bryant is the named plaintiff…
If someone told any lawyer following mass tort litigation that the next big class action lawsuit would involve a diet drug that causes cancer, the reaction would be “that sounds right.” Diet drugs have an awful history and we are seeing more and more drugs and products associated with cancer.…
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…
The cap on pain and suffering damages that can be recovered in Maryland medical malpractice cases increased on Wednesday, January 1, 2020. What is the malpractice cap in Maryland in 2020? It is $830,000 for a living plaintiff or a wrongful death case where there is only one wrongful death…
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…