Todd Lamb, executive director of Maryland Citizens Against Lawsuit Abuse, and Ellen Valentino write an editorial in the Maryland Daily Record on the apocalypse that would occur if Maryland joined 90% of states and adopted a comparative negligence standard. Essentially, the authors’ argument makes two points: (1) comparative negligence should…
As expected, Maryland voters overwhelmingly rubber-stamp approved by a two-to-one margin a constitutional amendment to increase the damages threshold for civil jury lawsuits from $10,000 to $15,000. What does this mean? Any case pled in District Court in Maryland for more than $10,000 can be “bumped up” to a jury…
Besides Kearney v. Berger, there was another interesting opinion that came down from Maryland’s appellate courts yesterday. The Maryland Court of Special Appeals ruled on an interesting discovery issue in a landlord-tenant case that has implications for Maryland personal injury lawyers. The underlying case is a dispute between Checkers –…
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…
Recreational activity torts, the stepchild of personal injury cases, appear to be making a minor comeback. The Supreme Judicial Court in Massachusetts reversed a trial court’s order of summary judgment in a case involving a woman hit by a ball from twenty feet away during an outdoor party. The issue…
An Ohio lawyer has been suspended for two-year years suspension for submitting “false and fraudulent” time sheets. Theoretically possible for the workaholic? Sure. But three of her bills reflecting over 24 hours of work in one day, once billing 90.3 hours of work during a 96 hour period. In another,…
The Tennessee Titans have sued the University of Southern California and coach Lane Kiffin for “maliciously” luring away assistant running backs coach Kennedy Pola. The lawsuit claims the hire disrupted planning and “potential loss of confidence by players.” The first complex legal question here is clear: do you really need…
The Illinois Supreme Court made big news nationally when it issued its much-awaited opinion in Lebron v. Gottlieb Memorial Hospital> yesterday, The court overturned in a 4-2 ruling the Illinois five-year-old medical malpractice cap on damages because limiting compensation for injured malpractice victims for pain and suffering violated the Illinois…
Guy breaks into your house. You are terrified that harm will come to you, your spouse or your children. Yet something holds you back from taking decisive action to protect your family.. the threat of a civil lawsuit by the burglar. Raise your hand if this has not happened to you…
LGTCA is just plain unfair Yesterday, The Maryland Court of Appeals decided Prince George’s County v. Longtin. The Plaintiff in this case was arrested for murdering his wife. When the real bad guy was found, Plaintiff brought a claim against Prince George’s County, alleging false imprisonment and, more significantly that…