The Internet is hammering Progressive Insurance for defending an uninsured motorist wrongful death case. Just hammering. It’s wild. And I’m really enjoying it. Should I? Progressive has committed many crimes against humanity . But in this case that has caused the Internet to explode, Progressive is being framed for a…
I sent State Farm a demand package on March 29th. Now, admittedly, I don’t have State Farm “good neighbor” posters in my room, but I’ll give credit where credit is due: State Farm turns demand letters into offers pretty quickly. I’ll tell clients to expect an offer with 60 days,…
As the Maryland appellate courts continue their summer of personal injury enuni, we turn our attention to a uninsured motorist case issued by the Supreme Court of Rhode Island, in New London County Mutual Insurance Company v. Karoline Fontaine. This opinion works through some issues about uninsured policy provisions, something…
There are thousands of DePuy ASR hip replacement lawsuits, most of them alleging pain and defects that frequently require a revision hip surgery and implantation of a safer device (something that is not a metal-on-metal hip implant). Speaking frankly, I think most plaintiffs’ lawyers consider these DePuy cases to have…
A few months ago, the Maryland high court ruled in Tracey v. Solesky, that in dog bite cases involving a pit bull or cross-bred pit bull mix, a plaintiff no longer needs to show that the dog in particular, or pit bulls are dangerous to bring a claim against both…
Do you need an affidavit/certificate of merit in an informed consent case? Last week, the 3rd Circuit said that you need a certificate under New Jersey law in Mulholland v. Thomas Jefferson University Hospitals. This blog post is about this case and how the result would likely be different under…
The purpose of uninsured motorist coverage – which most of us blindly have because our state requires it – is for protection if we get hit by a driver with no insurance or not enough insurance to provide compensation for our injuries. Most uninsured motorist policies compensate the victim for…
The 8th Circuit affirmed a defense verdict in a medical malpractice action this week in Avichail v. St. John’s Mercy Health System. The case had a few interesting legal issues: a Batson challenge and a dispute over whether a witness could use an interpreter. So, given the Maryland appellate courts’…
New Dog Bite Opinion in Minnesota We have our own issues here in Maryland with dog attacks and dog bites, particularly now that no one really knows what the law is and whether it will change regarding pit bulls (see our post on Tracey v. Solesky). Right now, the legislature…
Yesterday, I was lamenting the lack of interesting Maryland appellate opinions to write about on this blog. But, I let one slip by last month: the Court of Special Appeals’ opinion in Schneider v. Little. This is a medical malpractice case that was initially tried in Harford County in 2010…