Joanne Doroshow from the Center for Justice and Democracy writes a blog post for AOL the Huffington Post arguing that medical malpractice tort reform will increase the national debt. A few weeks ago, I observed that no one was saying anything new on the subject of tort reform. There is…
Maryland Injury Law Center
New Maryland Social Media Evidence Opinion
The Maryland Court of Appeals tackled a piece of one of the new vexing issues our courts face: dealing with social media. Most of the legal opinions circulating around involve discovery of social media such as Facebook and Twitter in civil cases. The court’s opinion in Griffin v. State deals…
New Maryland Uninsured Motorist Case
The Maryland Court of Appeals decided today GEICO v. Comer, another appellate case that dives into the Serbonain Bog of whether uninsured/underinsured motorist coverage kicks in when trying to get coverage in an accident under an insurance policy for a vehicle was not in the accident that caused the injuries.…
In Defense of Dan Snyder
Dan Snyder is easy to mock. I will probably do it in this post. So when he filed his lawsuit against the Washington City Paper for defamation, I instinctively rolled my eyes. So did you. We all did. Making matters worse, he typified every stereotype of the bullying plaintiff by…
Motion to Enforce Settlement: Medicare Liens
I’ve never filed a motion to enforce a settlement and I don’t think anyone in my firm has. I think as far as I’ve come is threatening to file a motion, but it never comes to that. That streak may not survive as insurance companies continue to overreact to their…
Attacking Plaintiffs’ Malpractice Experts
John T. Sly and Christina N. Billiet from Waranch & Brown write an article for the Maryland Defense Counsel newsletter about how to best attack plaintiffs’ experts out of the gate. One key tactic they advise is trying to get two depositions of the plaintiffs’ medical expert. Interestingly, they name…
Malpractice Reform: New England Journal of Medicine
It kills me how so many folks hold up the New England Journal of Medicine as the gold standard for anything and everything until it speaks up about preemption or medical malpractice reform. Then they become hacks for… well, nobody, really. Just hacks. The NEJM put out a recent article…
Sham Affidavits: New 10th Circuit Opinion
The 10th Circuit yesterday decided a Ford F-150 product defect case in which it reversed the trial court’s entry of summary judgment but sent the case back down to the District Court. I love it when courts do that. The issue in this wrongful death case was whether plaintiffs’ expert…
Excitement About Frivolous Lawsuits
Is it just me or does every get excited seeing everyone’s crazy aunts and uncles come out of the basement and try to top each other with a more ridiculous, insane proposals for dealing with frivolous lawsuits? The Overlawyered commenters are out and about after reports of a lawsuit over…
Sexting/Suicide Leads to Lawsuit
The parents of a 13-year-old girl that committed suicide have sued a school system alleging the school should have been able to prevent her suicide. Teenagers have been taking their own lives as long as history can remember. This tragedy has a modern twist. The girl did something that lots…