Civil Litigation During the COVID-19 Emergency
May 12, 2020
The COVID-19 emergency has created significant uncertainty within the court system. The operation of the judiciary varies by jurisdiction and there is no uniform approach…
Liability Exposure to Businesses Amid COVID-19
May 6, 2020
Amid the Corona virus pandemic, employers and companies (hereinafter, “businesses”) are facing liability exposure like never before. In addition to the typical negligence claims, the…
Is My Arbitration Clause Enforceable?
October 29, 2019
Maryland legislative policy favors the enforcement of arbitration and mediation agreements. Despite the fact that arbitration and mediation agreements are favored, these clauses and agreements…
When Does the Statute of Limitations Accrue in an Uninsured/Underinsured Motorist Claim?
July 30, 2019
On June 4, 2019, the Court of Special Appeals published Shilling v. Nationwide Ins. Co., 241 Md. App. 261 (2019), a decision that reversed the…
A Plaintiff is Entitled to One Satisfaction for her Injuries, even when the alleged prior satisfaction is a settlement, not a judgment
July 16, 2019
Maryland’s courts have long-recognized that multiple tortfeasors can contribute to a plaintiff’s injuries, and that the plaintiff is entitled to only one satisfaction for her…
Commercial Landowners May Owe Neighbors a Duty of Care
June 28, 2019
In a claim for negligence, the existence of a legal duty is a question of law for a judge to decide. The existence of such…
4th Circuit Re-Affirms that Contributory Negligence is Issue for Jury, Not Judge
May 29, 2019
On an appeal from the United States District Court for the District of Maryland, the 4th Circuit Court of Appeals unanimously held that where there…
How a Defendant’s Discovery Violations Can Waive the Right to Trial by Jury
April 30, 2019
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…
Cutting the Reptile Off at the Knees with a Protective Order
April 16, 2019
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…
Does the Doctrine of Parent-Child Immunity Survive the Death of a Child?
March 29, 2019
The Court of Appeals has agreed to hear the matter of Heidenberg v. Grier, No. 78, September Term 2018, a case tried in Howard County in…