We can all agree that texting while driving is a death wish. We don’t need an educational campaign. Everyone knows this now. The question is just whether you are stupid enough to risk your life and mine. The bigger question engendering more real debate is cell phone use in general.…
Lots of big opinions coming down from the Maryland Court of Appeals lately. In a tight decision- much tighter than I would have predicted – our high court affirmed long-standing Maryland laws that protect bars and restaurants who serve people they know or have reason to know, will drive drunk,…
Last summer, we were talking about the $55 million cerebral palsy malpractice verdict against Johns Hopkins. This summer the verdict – which was reduced to $28 million – is hanging by a thread after the Maryland Court of Special Appeals overturned the verdict. Unless the Maryland high court sees the…
We have rejected several tort cases because Medical Assistance made payments for the victim’s outstanding bills. Why? Because the state refused to significantly reduce (or at all) its lien to account for attorneys’ fees. Sure, DHMH could reduce or waive their lien if it will cause “substantial hardship.” But “substantial…
The Maryland Court of Appeals ruled today that Maryland will not make the leap to comparative negligence, choosing instead to defer to the legislature. The court has the power to change the law; it wants you to know. But it chooses not to do so. Contributory negligence still inexplicably remains…
Judge Mary Ellen Barbera will be the first female chief judge of the Maryland Court of Appeals, our highest court, according to current Chief Judge Robert Bell who told the AP of the selection. It is a strange way to make the announcement of this magnitude. Was Chief Judge Bell…
It’s been a bit since I’ve written about how awful insurance companies’ first settlement offers are in serious injury cases. But I’m sure I’ve given a client the speech in the last 24 hours. I do it all the time. The primary reason the first offer is usually far from…
On Friday, June 21st, Maryland’s ban on the sale of “hazardous” baby bumper pads will go into effect. The Maryland Department of Health and Mental Hygiene has said that they intend the ban to help educate parents about safe sleep practices for babies. The ban applies to crib bumpers that…
When trying to figure out the settlement value of a personal injury case, trial attorneys pull from usually only one resource: their own experience. We pull from our own cases and from cases we have heard about from other lawyers. But how good are we at valuing cases? First, it…
Technology is slowly eroding our privacy. Personally, and I’m in the minority, I’m think it is a fair trade-off. I’m okay if Apple and Google know where I am every second of the day. I’m not doing anything all that interesting. But most people are increasing worried about technology and…