I hate the New England Patriots. I started rooting against them the minute they started getting good in 2001. While I hate Tom Brady as a byproduct, I have to admit that — notwithstanding maybe Bridget Moynahan — he is pretty much the epitome of what we want our great…
The Maryland Court of Special Appeals recently decided Johnson v. Franklin, a lead paint case with an unique discovery issue. The Underlying Case I’m glad you kept reading, you law scholar you! Anyway, these are the facts. A lead paint case is filed in Baltimore City Circuit Court pertaining to a…
Social media is great. It’s an excellent way to maintain contact with old friends. It’s an excellent place to get news before any TV station gets it. You can even follow Miller & Zois on Facebook. We are pretty cute, right? But it is a scary new world. How many times…
Two companion uninsured/underinsured motorist cases out of Cecil County were decided by the Maryland Court of Appeals last month. The take home message for Maryland lawyers handling uninsured motorist cases: if you don’t follow the rules by settling with the underlying carrier, the court will not let you off the mat.…
One of the benefits for plaintiffs’ attorneys is that we are far better able to dictate the pace of the litigation. Some squander this opportunity by failing to fully load the gun before firing it. When we serve the defendant with the Complaint, we will, on our first round of…
The Fourth Circuit decided a case that addresses an interesting insurance law question; while also touching on another issue that vexes medical malpractice lawyers in Maryland. The 4th Circuit overruled a great judge, Federal Magistrate Jillyn K. Schulze, who awarded summary judgment against a suspended surgeon for making a disability…
What boggles people’s minds is the fact that many Maryland car accidents that lead to death and disability settle for $100,000 or less. Some settle for $30,000 in cases where the liability is clear or even if the defendant was drunk out of his mind. How to get more than the auto insurance…
A new study on emergency room malpractice was released today that looks at why ER doctors are so frequently sued in misdiagnosis claims. The study was conducted by The Doctors Company, which is a big insurer of doctors, hospitals, and physician groups. It is easy to roll your eyes because…
The Maryland Court of Special Appeals recently handed down its opinion in Rosebrock v. Eastern Shore Emergency Physicians. The opinion makes defense attorney’s jobs a little easier when it comes to admitting testimony in medical malpractice cases, of what the doctor usually does when the doctor has no recollection of the care…
In any serious personal injury case in Maryland, you need an expert to testify. Are there some cases where the injury is so obvious that a medical expert is not required? There may be. But anyone willing to take that chance should not be trying tort cases in Maryland. Why…