The Court of Appeals has issued an opinion regarding sanctions for bad faith claims that has a lot of lawyers on both sides of the “v” talking. The case’s background is just plain goofy. Mr. W and Mr. G are neighbors who live in Montgomery County. Sometime in February 2000,…
The Maryland high court last week suspended an attorney indefinitely for failure to honor a lien against his client’s case. He has a right to reapply to the bar after 6 months. Two clients had small injury cases that collectively settled for a little over $25,000. The Food Employees’ Labor…
The Maryland Court of Appeals decided this morning Chesson v. Montgomery Mutual, a mold exposure workers’ compensation case. I don’t handle mold or workers’ comp cases. But this case has implications for any tort cases involving the question of what opinions an expert can render at trial. Experts almost always…
A Prince George’s County jury on Friday awarded our client $5.5 million dollars for the wrongful death of her mother because of medical malpractice. The offer to settle before trial: zero. Here’s what happens. A woman goes in for a cardiac bypass surgery. Her surgeon and two surgical technicians successfully…
I have a theory. My theory is that under Maryland law, insurance companies have an obligation to their insureds to tender the policy limits in a case as soon as a reasonable, prudent insurance company would realize that they must do so to protect the interests of their client. My…
Last month, in Curry v. Trustmark Insurance, a Maryland District Court judge made an interesting ruling in a breach of contract case involving disability payments. The judge granted summary judgment for the defendant. While not a tort claim, this opinion deals with a lot of issues we face as personal…
If you want to file a medical malpractice claim in Maryland, jump through 1,000 hoops and, if you skip even one, it might be fatal to your case. In Heavenly Days Crematorium v. Harris Smariga, we look at the loops and the hoops you have to jump through to sue…
Really tough opinion for medical malpractice plaintiffs in Maryland was issued in U.S. District Court last week. Tangent #1: Why Isn’t This Case in State Court? Technicalities are abound in malpractice cases As a preliminary matter, it is complete garbage that this case is in federal court in the first…
I used to write a lot on this blog about the myths that surround medical malpractice in Maryland and throughout this country. I’ve largely jumped off the soapbox because I realized something: no one is listening. Most readers of this blog are digging into those kinds of posts they already…
My position has long been that speed and red light cameras at least probably save lives. Why? I’ve painstakingly dug through the research, analyzed the underlying data, and made a thoughtful and informed conclusion. Okay, that didn’t happen. What I read instead was a newspaper article on a study by…