On Monday, the Maryland Court of Special Appeals decided Allen v. Marriott Worldwide Corporation, a Montgomery County slip and fall on ice case. The case sends a clear message to most ice slip and fall cases will not get to a jury. [2019 Update: The court walked back this law…
Reuters reports that the family of a man killed in a stampede of frenzied Christmas shoppers on Black Friday filed a wrongful death lawsuit against Wal-Mart in New York. This is a very public case. It will be hard to find a juror that has not heard about it. Many…
Southern Maryland News has an article about a serious problem: the shortage of doctors in Southern Maryland. This is a good issue that needs attention. I’ve written about this on the Maryland Injury Law Center in the past in a post titled “Doctor Shortage in Maryland? A Doctor in Southern…
Trial, the Journal of the American Association for Justice, asked me to write an article on mediations in death and catastrophic injury cases. The article will contain a section about preparing your client’s for the mediation process which is what I did yesterday last week in a wrongful death truck…
In an awful decision this week in a wrongful death medical malpractice case, the Michigan Court of Appeals overturned a lower court’s ruling which would have prevented ex parte communications between defense counsel and a Plaintiff’s treating physician from being entered into evidence, because HIPAA privacy rules already prohibit medical…
Risk & Insurance had an interesting article about “scientific perspective” in predicting jury verdicts. The premise of the article is that the quality of jury consultants varies wildly because different jury consultants use different methodologies. In the litigation world, there are no barriers to entry for those who seek to…
Dr. Henry M. Learner, an instructor in Obstetrics and Gynecology at Harvard, writes an article in this month’s OBG Management called “Rebuff Those Malpractice Lawyers’ Traps and Tricks.” Dr. Learner is also the president of Shoulder Dystocia Litigation Consultants, a group that works with defense lawyers, medical malpractice insurance company…
In wrongful death cases, the size of jury verdicts has always tilted in favor of men, which is why many argued that caps on non-economic damages are sexually discriminatory. In a recent study, Jury Verdict Research offers a different conclusion when comparing compensation in wrongful death claims between minor females…
In January, I wrote about Marcantonio v. Moen, an Anne Arundel County medical malpractice lawsuit that the trial court dismissed on summary judgment. The malpractice lawsuit alleges wrongful death as the result of an OB/GYN’s misinterpreting a sonogram and failing to order sufficient tests to follow up on the woman’s…
Voters yesterday overwhelmingly approved of Judge J. Michael Wachs, who received 99 percent of the vote. But my blog got over a thousand hits with what was voters looking for information before deciding. It amazed me at how many Anne Arundel County residents seemed interested in whether Judge Wachs was…