Last week, I wrote about a stunt that a defense lawyer pulled with a defense medical exam in a car accident case. This week’s sneaky defense lawyer trick involves a creative effort to depose plaintiffs’ medical expert twice in a wrongful death medical malpractice case. Here’s what happened. Shortly after…
U.S. District Court Judge James K. Bredar ruled this week that a legal malpractice insurer – our carrier Minnesota Lawyers Mutual, who I would recommend – does not have to provide coverage for a legal malpractice claim because its insured attorneys did not provide adequate notice of a potential claim.…
After agreeing to a defense medical exam, we received a letter from defense counsel with a draft agreed upon order to be filed with the court agreeing to the DME. This is the first time I have seen a defense lawyer try to do this. While it is all rather…
Local Government Tort Claims and the Maryland Tort Claims Act Our law firm does not handle police brutality cases. We have some experience handling the claims – not me but other lawyers here – and the injuries can be horrific. But the criminally insane Maryland Local Government Tort Claims Act…
Last week, in Hendrix v. Burns, the Maryland Court of Special Appeals dealt with the question of what plaintiffs’ lawyers can admit into evidence in a car accident case when the defendant stipulates to liability. In car accident cases, many defense lawyers loathe admitting responsibility. There is always a chance…
The Pennsylvania Supreme Court stuck down a $5 million verdict in an Ethicon endocutter design defect case last week, finding that the trial court was not restricted to considering only one use of the device and that it correctly applied a risk-utility analysis. The case talks about product liability risk-utility…
Tanning beds cause cancer. Cancer kills. Tanning beds also make you look old before your time. This matters little to the Maryland Senate who crushed the bill in committee. Which committee? The Finance Committee. Because, you know, that makes sense. The bill, sponsored by Montgomery County Democrat Jamie Raskin, would…
There are five finalists for the dean of University of Baltimore School of Law that will visit campus beginning March 26. I will review these candidates for you and make my selection. To be fair, I have never met or even heard of any of these people. I’ve limited my…
I was planning to take the week off of blogging this week. The Maryland Court of Appeals rejected this plan by publishing its opinion in District of Columbia v. Singleton. In a quiet but meaningful protest, I will make this post a little rambling and disjointed. Just know this is…
The Maryland House Economic Matters Committee will vote today on House Bill 715, from the insurance lobby, to reverse the rule in Maurer v. Pennsylvania National Mutual, that waiving subrogation in underinsured motorist cases is conclusive of the at-fault drivers liability for causing the accident. I wrote about this bill…