In Maryland, if an uninsured motorist insurer waives subrogation against the at-fault driver in an underinsured motorist case, it also waives its liability defenses. Depending upon who you ask, this has either always been the law in Maryland (as Maryland high court tells us in Maurer v. Penn National) or…
Click to enlarge ESPN is running a story about an NFL player who was arrested last night for public intoxication. I think if public intoxication was a regularly enforced crime, we would need to build more jails. But I was interested in something the player reportedly said to police: “I…
Allstate has agreed to pay New York $1.2 million as part of a $10 million regulatory settlement involving Colossus, its infamous computer software that values personal injury auto accident claims. Under attack was Allstate’s use of Colossus, a software program Allstate and many other insurance companies use to determine the…
Medicare liens are the bane of personal injury lawyers trying to settle every time. Settlements don’t and can’t parse out pain and suffering damages for medical bills. What goes to the wrongful death claim? What goes to the survival action? If you get a verdict at trial, this all gets…
Above the Law provides an interesting link from a South Carolina family law firm that I can bet you is experiencing a real spike in web traffic. The firm lays down the law to its clients on its website, warning them to wait patiently for return calls (they are busy),…
According to one study, driving distracted kills 5,500 people in car and truck accidents every year in this country. Don’t let the title of this blog fool you. It is beyond dispute that texting while driving is a growing part of this problem. The Baltimore Sun reports that 25% of…
Personal injury lawyers’ blogs are proliferating the web like Lindsay Lohan’s legal problems. It is hard to find any of us now without a blog. I think a lot of personal injury lawyers see this and think the door is closed, and that it is too late to build up…
The Maryland Court of Special Appeals interpreted a mandatory fee dispute arbitration requirement for attorney fee disputes in the District of Columbia today. The issue is whether a personal injury law firm was entitled to 40% of Plaintiff’s recovery or whether the fee increased to 50% because the “Plaintiff prevailed…
Related Information Opposing View: Overlawyered Both doctors’ groups and medical malpractice lawyers are preening about a new study that shows that the cost of medical malpractice in the United States is 2.4% of annual health care spending. Medical malpractice lawyers say the study shows that medical malpractice tort reform would…
The Maryland Court of Special Appeals provided yet another ruling from Maryland appellate courts about the nuances of malpractice law in Maryland that require a certificate of merit and other technical provisions before initiating a medical malpractice lawsuit. In Maryland, the procedures for filing and litigating medical malpractice actions are…