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…
I’ve written a great deal about venue issues on this blog. I’ve cheered and cried over some more recent opinions. Today is a cheer day based on three weeks old a new Maryland Court of Special Appeals’ opinion. Let’s be honest: plaintiffs’ lawyers would usually rather be in Baltimore City…
Lawyers always argue over anything where there is not black and white set rules. (Actually, we argue when there are set rules, too.) No one exactly knows the rules of the sequences of discovery because the rules are whatever the motions’ judge says there are. So lawyers take positions on…
Today, the National Transportation Safety Board (NTSB) said we should lower the blood-alcohol limit from .08, the current standard, to .05. The NTSB argues that the U.S. is too lenient with drunk driving and wants the U.S. to adopt the same standard as other countries, such as those in Europe.…