The Wall Street Journal has a good article online about the preemption battle that is being waged the FDA’s bureaucrats in the courts and in Congress. The last line of the article says that “Some drug companies are telling plaintiffs’ lawyers that if they settle their cases now, they won’t…
The California 2nd Court of Appeals issued an interesting opinion addressing the question of just how much of a plaintiff’s personal life is fair game of cross-examination in Winfred D. v. Michelin North America. (Random comment: Can we all use first names where there are the remotest of privacy issues…
The Missouri Supreme Court found last week that a truck driver not involved in a truck accident with another driver can sue for the emotional damages suffered when he saw the dead victim in the other car. I’m not sure the decision is legally wrong. But it would not fly…
There is an article in the New York Times today that concludes that it is best to settle most accident, malpractice, and breach of contract claims based on a recent study. The basis for the conclusion is a study suggesting that defendants made the wrong decision by proceeding to trial,…
New Maryland judges were announced today: District Court of Anne Arundel County: Henry Richard Duden, Eileen Anne Reilly, Shaem Charles Patrice Spencer Circuit Court Prince George’s County: Judge Leo Edward Green Jr. District Court Prince George’s County: George Richard Collins, Tiffany Hanna Anderson, Lawrence Vincent Hill Jr District Court Calvert…
The 11th Circuit Court of Appeals decided whether a debtor’s claims for legal relief that arose after the confirmation but before the completion of his plan to pay creditors are property of the estate, under Chapter 13 of the Bankruptcy Code. Here, after the debtors’ joint Chapter 13 plan was…
Click to enlarge I’m back from a jury trial in Prince George’s County that “resolved” yesterday. It was a bifurcated liability only case. My client suffered a leg amputation. Easily one of the best clients and best families we have ever represented. After almost six hours of deliberation, the jury…
The Baltimore Sun reports today the medical malpractice rates continue to fall. My favorite line from the article: “Since that deal was struck, claims payouts have fallen sharply, sparking debate over whether a malpractice crisis ever existed.” Hmmm, I hadn’t thought about that. I’m preparing for trial on Monday and…
Although our lawyers cover personal injury and medical malpractice cases throughout Maryland, I have to admit we have not handled many Garrett County personal injury cases. Garrett County is the westernmost county in Maryland, and I think many malpractice and accident victims in Garrett County, unfortunately, turn to Pittsburgh lawyers…
While I was on vacation, I promised more commentary on Matsuyama v. Birnbaum, a landmark medical malpractice opinion on loss of chance from the Massachusetts Supreme Judicial Court. In Matsuyama, the 42-year-old Plaintiff’s decedent, Mr. Matsuyama, saw the Defendant doctor, a board-certified internist, and his primary care doctor, for a…