I spend a lot of time responding to random questions from other lawyers. I will publish some responses to the extent they are helpful to anyone else. The topic for today is the practical ramifications of requests for admission deemed to be admitted at trial. I will think of others…
Religion and Scripture is the subject of one of the most compelling chapters in Reptile, a book offering a guide for plaintiffs’ lawyers on trying personal injury cases. The lessons offered in the book have made a meteoric rise from novel theories to conventional wisdom by most experienced personal injury…
Yesterday, the Maryland Daily Record published the first of a three-part series I wrote with retired Judge Clifton J. Gordy (now a mediator and arbitrator) on mediation in serious personal injury and wrongful death claims. The article is for both plaintiff and defense lawyers looking to make mediations as productive…
The Maryland Court of Special Appeals addressed last week an issue that our personal injury clients in malpractice and accident cases have occasionally expressed: is my settlement or verdict my money or marital money I have to share with my spouse? In Murray v. Murray, the court was faced with,…
Whenever I prepare for giving an opening statement, as I am today, my head is filled with more advice that I have heard or read over the years than expletives Bill Belichick threw out last night. I am writing today about two issues: what you should wear to trial and…
There is a split of opinion among personal injury lawyers whether plaintiffs should propound interrogatories before or after taking depositions, particularly in a case where there is a significant dispute as to liability. When looking at this question, it is important to acknowledge that defense lawyers in personal injury cases…
The Maryland Court of Special Appeals in a 2-1 decision today affirmed a Frederick County trial court’s grant of summary judgment to Erie Insurance in an underinsured motorist lawsuit. The nutshell: State Farm paid its $100,000 liability policy in a serious injury car accident case. Plaintiff sought payment under his…
The 1st Circuit Court of Appeals wrote a helpful opinion in Morel v. DaimlerChrysler AG for product attorneys who get the name of the defendant wrong when filing just before the statute of limitations expires. The court elevated substance over form in finding the claim “relates back” under federal law. The…
University of Baltimore law professor Richard W. Bourne wrote an article published this year in the Arkansas Law Review articulating the theory that there should be an independent tort claim when a doctor destroys evidence or when a doctor fails to disclose to the patient that there has been a…
I recently read a closing argument in another lawyers’ medical malpractice case. In his final thoughts to the jury, he reminded the jurors of what I always remind jurors of when I’m delivering a closing: the memories of the victim will fade for you and for me, but this person…