The Maryland Court of Appeals found today in a 5-2 opinion in a lead paint case that an individual member of a Maryland limited liability corporation (LLC) can be personally liable for torts committed on behalf of the LLC. The case, Allen v. Dackman, is a classic Baltimore lead paint…
In a 6-1 opinion, the Maryland Court of Appeals decided Blondell v. Littlepage, affirming the Court of Special Appeals decision which rejected a tort and breach of contract lawsuit brought by a lawyer against a malpractice lawyer regarding a case he referred to her. The lawyer referred a cancer misdiagnosis…
Tomorrow, the Maryland House of Representatives will vote on House Bill 825 which would raise the minimum limits of automobile coverage from $20,000.00/$40,000.00 to $30,000.00/$60,000.00. Is $30,000 enough coverage for a significant accident? Of course not. Maryland has had 20/40 limits since 1972. This is 102,000/204,000 in 2010 dollars. But…
The New York Times has a story about encouraging doctors to admit their own mistakes. The UCLA surgeon who wrote the article does not contend that admitting medical mistakes should take the place of civil accountability. In fact, she suggests – as some recent literature has showed – that being…
A wrongful death lawsuit has been filed against a Chattanooga, Tennessee bar after a car accident killed a woman just a few days before Christmas. The case is an interesting twist on the classic dram shop case. The suit alleges that the bar gave its employees free alcohol and allowed…
I disagree with many of the philosophical views presented at Point of Law and Overlawyered. Then why do I read both blogs every day? Because they are informative, well-presented posts that make me occasionally question my own views. I hope to have you as a reader of the Maryland Injury…
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,…
Let’s say Barack Obama takes a strong position on medical malpractice caps and puts his weight behind a bill to eliminate malpractice and other damage caps in all 50 states. This would be a huge windfall for our practice. But I would oppose this legislation. Why? Because such a law…
One of the hardest decisions an accident lawyer has to make is whether to take a case with fatal or catastrophic injuries where there is a significant dispute in liability – typically he said/she said. Nothing you read in this blog post will make that decision for you. In these…
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…