Bob Franklin, a well respected Maryland lawyer who defends trucking companies for Franklin & Prokopik, wrote an article on defendant truck accident cases advising defense lawyers on handling plaintiffs’ truck accident lawyers’ vicarious liability arguments entitled. “But I Didn’t Do It!” Expanding Theories of Vicarious Liability, 58 Fed’n Def. &…
There is a battle now in the Maryland state legislature about whether Maryland should increase the minimum jurisdictional amount before a defendant can remove a case from District Court to Circuit Court. Defense lawyers for State Farm and Allstate, the two largest auto insurance providers in Maryland, routinely “bump up”…
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…
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…
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…
David Davis, a Massachusetts based jury consultant, offers five thoughts in The Jury Expert (link since removed) on the psychology of how jurors process requests for damage awards I think interests accident and malpractice lawyers. I found of particular interest his theory that consumers—and by implication, jurors—have a propensity to…
I received this email from a personal injury lawyer in Maryland this morning: I have an MIA complaint involving Allstate offered the number provided by Colossus and now, of course, refuses to produce any Colossus manuals, etc. Do you have some useful Colossus materials? I don’t. Maryland’s bad faith law…
I read in the paper today that attorneys Dale Adkins, III and Emily C. Malarkey, both with Salisbury, Clements, Bekman, Marder & Adkins in Baltimore, filed a wrongful death medical malpractice case against an OB/GYN in Salisbury. We also have a case pending against the same doctor. [2013 Update: we…