I’ve written a good bit about use plaintiffs’ in Maryland wrongful death cases and the hornets’ nest that lawyers can find themselves in when they do not have all the potential wrongful death beneficiaries reading off the same sheet of music before filing suit. The Maryland Court of Appeals has…
Maryland Injury Law Center
New Bad Faith Opinion from Louisiana
Louisiana’s Court of Appeals last month issued an unpublished opinion in Rando v. Furr, a case that dealt with the ins-and-outs of uninsured motorist coverage and bad faith claims. Here’s what happened: A man was driving his motorcycle and was involved in an awful collision with a pickup truck driven…
New Maryland Med Mal Opinion | Informed Consent and Apparent Agency
U.S. District of Judge Richard D. Bennett issued an opinion Monday in Robertson v. Iuliano, an informed consent medical malpractice lawsuit against a neurosurgeon and St. Agnes Hospital. New Opinion on Apparent Agency and Informed Consent Law in Maryland The first question you might have is how this malpractice case ended…
Joint Tortfeasor Releases in Maryland: Legal Headaches
Anyone who can blithely throw together a joint tortfeasor release in a malpractice or another complicated tort claim without reading the case law 10 times is an absolute expert on these releases or suffers from an extreme case of irrational confidence. Usually, in my experience, it is the latter. The…
New Ad Damnum Law in Maryland (with 2020 update)
Everyone has their soapbox issues where they maintain the rest of the world is crazy and sanity would be restored if everyone would just listen to us. I have mine; you have yours. Usually, at least for me, few others are paying attention and the world continues to be the…
New Rules for Medicaid Liens in Maryland
Liens Against your Case Medicaid is tough to deal with when they have a subrogation lien against your case. With some wonderful exceptions, they are often inflexible about reducing your clients’ lien, which is to say that they won’t unless the lien is greater than 50% of the net recovery…
Pre-Impact Fright: Why It Matters So Much
The issue of pre-impact fright is a big deal in wrongful death car accident cases in Maryland. Why? Well, in non-malpractice cases we have a cap on wrongful death claims and a cap on survival actions. In Maryland – I know some states have it reversed – the survival action…
Fraudulent Joinder Argument Shot Down in Federal Court in Mesothelioma Case
U.S. District Court Judge William M. Nickerson remanded an asbestos case back to Baltimore City Circuit Court, rejecting defendant’s efforts to remove the case to federal court because the defendant had joined non-diverse defendants. The case is one of many asbestos cases on the docket in Baltimore City. Plaintiff alleges…
The WMATA Can Do Whatever It Wants to You: Maryland Law Is That It Is Open Season on Passengers
Today, I will break down the election from every conceivable angle and offer my opinions on how America chose and why. Wait, don’t go anywhere. I’m kidding. I’d rather eat my own kidneys then talk about politics for another second. Let’s get back to developments in Maryland law. The Maryland…
Monster Energy Drinks: Cited in Death Reports
According to reports submitted to the U.S FDA, in the past year, Monster Energy Drinks has been linked to the deaths of five people. Each of the five people, and a sixth person in 2009, were reported to have consumed Monster drinks prior to their death. According to the FDA,…