April 2019


How a Defendant's Discovery Violations Can Waive the Right to Trial by Jury

Posted: April 30, 2019 by Matthew J. Gannett
The Maryland Constitution guarantees the rights of parties to a jury trial when the amount in controversy exceeds $15,000.  It is well-established that the right to a jury trial may be waived by failing to assert the right.  However, the Court of Special Appeals recently affirmed that a Defendant’s egregious discovery violations may lead to the surrender of the Defendant’s right to jury trial.



Cutting the Reptile Off at the Knees with a Protective Order

Posted: April 16, 2019 by Jason C. Greaves
A troubling and growing trend in the plaintiff’s bar is the use of the Reptile Theory of litigation, espoused by David Ball and Don Keenan in their step-by-step guide, REPTILE: The 2009 Manual of the Plaintiff’s Revolution.  The stated purpose of the Reptile is to spread “the tentacles of danger” to jurors by framing issues in terms of the maximum potential harm a defendant could have inflicted to the community, rather than the actual harm caused to the plaintiff.1



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