The DeCaro Doran Blog

Supreme Court Rules Silence Is Not Golden During Pre-Arrest Police Encounters



Maryland's Highest Court to Change Law Governing Termination of Parental Rights?

Two recent cases in the Maryland Court of Appeals have spotlighted the close relationship between termination of parental rights (TPR) proceedings and child in need of assistance (CINA) proceedings. 

Convenient or Not? New Forum Non Conveniens Case
The Maryland Court of Special Appeals recently issued a new case on forum non conveniens.  In the case of Scott v. Hawit et al. the court reevaluated this doctrine in the context of two defendants and two locations of injury.  This doctrine allows a court to transfer a case from one county to another county.  The purpose of the doctrine is to allow a case to be moved to a more convenient court. 




Maryland Court of Appeals Rules Good Samaritan Act Does Not Protect Commercial Ambulance Company from Lawsuit

In an opinion released on April 22, 2013, the Maryland Court of Appeals held that a commercial ambulance company was not shielded from liability for the negligence of its employee under two related statutes: the Good Samaritan Act and the Fire and Rescue Act. 

Did the NFL Have a Duty to Warn Former Players of the Long-Term Health Risks of Concussions?
Former NFL players have brought a class action suit in the United States District Court for the Eastern District of Pennsylvania alleging that the NFL negligently failed to warn them of the link between concussions sustained on the playing field and long-term brain impairment later in life. If the lawsuit does reach trial, then any decision on whether the NFL had a duty to warn its players of the link between concussions and long-term brain impairment will almost certainly impact the larger professional sports world.


New Virginia Law Requires Insurer to Notify Represented Claimant about Payment of Settlement
Senate Bill 984 requires an insurance company to notify a claimant upon the settlement and payment of a claim of $5,000 or more within five days of such payment.



Virginia Law to Facilitate Evidence of Intoxication in Civil Cases
Virginia Senate Bill 1112 Amends § 8.01-44.5



Informed Consent - Whose Duty Is It?
In the recent case of Robertson v. Iuliano, the United States District Court for the District of Maryland held a doctor's duty to obtain informed consent is a nondelegable duty.


Out of Breath
The Court of Appeals closes another avenue for motorists attempting to challenge a license suspension for an alcohol-related offence.


The Question Is Not "Reasonably Should Have Known"... It is "Must Have Known"
The Maryland Court of Appeals issued an opinion today which discussed Assumption of the Risk, the interplay between Assumption of the Risk and Contributory Negligence, and proper jury instructions and verdict sheets when evidence exists to support Assumption of the Risk.  This article focuses on  a proper assumption of the risk jury instruction.




Century-old Law Likely to Change - How Will It Affect You?

On Monday, September 10, 2012, the Maryland Court of Appeals will hear oral arguments on whether to overturn a doctrine that has been the law in Maryland for 165 years. In the case of James K. Coleman v. Soccer Association of Columbia, et al., the Court will consider whether contributory negligence should continue to be the law in this state, or whether the state should switch to a comparative fault regime. Legal experts predict the court will take the drastic move of changing to a comparative fault regime.

Non-Resident Plaintiff Cannot Hide Behind State Lines
If a Plaintiff chooses her forum, she will likely have to show more than high travel costs to avoid being forced to return to the forum for deposition.



Guide to the Court of Special Appeals
The Maryland Court of Special Appeals has issued an online guide designed to help non-lawyers in representing themselves before the Court of Special Appeals. 


Will You Be My Friend, Your Honor?
Maryland Judicial Ethics Committee rules that judges can participate in social networking websites.



Supreme Court Issues Decision on Patient Protection and Affordable Care Act
Today, the Supreme Court of the United States in National Federation of Independent Business et al. v. Sebelius issued its ruling on the Patient Protection and Affordable Care Act.


Don't Get Caught in the Rain: The Effect of a Household Exclusion Clause in your Umbrella Policy
 Maryland Court of Special Appeals considers validity of "household exclusion" clause in an umbrella insurance policy.


Court of Appeals Finds DNA Testing of Arrestees Unconstitutional

The Court of Appeals held that a statute permitting officers to obtain DNA from arrestees unconstitutionally infringes on their right to privacy.

Same Sex Marriage Recognized in Maryland



Is Your Breed of Dog Inherently Dangerous?
According to the Maryland Court of Appeals, pit bulls are now inherently dangerous. In the case of Tracey v. Solesky, the Court of Appeals considered whether the plaintiff has to prove that a particular pit bull is dangerous or if the Plaintiff could rely on the fact that the breed itself is dangerous.


The Maryland Court of Appeals Offers Useful Guidance for the Naming of Use Plaintiffs in Wrongful Death Actions
Failure to Name Unknown Beneficiaries As Use Plaintiffs Does Not Result in a Dismissal of a Wrongful Death Action



Social Media: Beware of Posting
Social media can be a treasure trove of information for an attorney (see our post Who’s Profile Is this Anyway? - Using Social Media In Litigation from July 20, 2011). However, to the individual, who finds himself or herself in a lawsuit, everything on social media can be used against you. What should individuals do to protect their information from opponents in court? Read this article for some quick tips.


Twitter and Facebook are Hot Topics in Annapolis
Maryland Lawmakers Focus on Incorporating Social Media into the Law



Beware the Unlicensed Contractor
The Maryland Home Improvement Law was enacted to protect the general public from unqualified persons performing home improvement work. The Home Improvement Law requires certain home improvement contractors to be licensed and establishes the Maryland Home Improvement Commission to administer and enforce the laws.


Confronting Black Ice – Whether You Know It Or Not
With temperatures growing colder and the prospect of snow and ice on the horizon, Maryland’s highest court chose an appropriate time to issue its decision in Poole v. Coakley & Williams Construction, Inc.  The case concerns one of winter’s primary evils: black ice.


"College Nights" May Be No More



Proving the Unknown with Certainty: A Child's Lost Earning Capacity

U.S. District Court judge makes a significant ruling on a claim for a Virginia child's lost earning capacity.

The Game Isn't Over for Medical Malpractice Plaintiffs. They Just Have to Return to Go.



Restaurant’s Reservation Agreement Breathes New Life into the Archaic Core of Contract Law
Restaurant would change the game for making dinner reservations.  How requesting that a table be reserved at a certain time would bring contract law into play.



My Car Has Been Hit By Someone With No Insurance . . . Is There Coverage Available Under My Policy?
A quick primer on the UM/UIM coverage provision in your automobile insurance policy.


Who’s Profile Is this Anyway? - Using Social Media In Litigation
Everyone knows there is a wealth of information available in social media. From Facebook, to MySpace, to Twitter, both public and private matters become the subject of public posts for anyone to read, interpret and use against the poster. In litigation, the information could be key to proving the thoughts or actions of another party. The question is how do you prove that the information on a profile is really attributable to the alleged user.