Appellate Court of Maryland Issues Controversial Opinion Regarding Insurance Bad Faith Claims and Liability for Subsequent Negligent Acts by Third Party
September 6, 2023 By Christopher J. Gowen
On July 27, 2023, the Appellate Court of Maryland issued an opinion in Browne v. State Farm, (Case No. 475045V (No. 1825) where the Court…
Additional Treatment Options Granted to Healthcare Providers by Maryland Legislature
July 26, 2023 By Lauren N. Rutkowski
Maryland’s General Assembly recently enacted a number of changes to the state’s healthcare laws. One of the changes includes an expansion of treatment options that…
In Laufer v. Naranda Hotels, LLC, 60 F. 4th 156 (4th Cir. 2023), the Fourth Circuit Holds That Article III Standing in an ADA Action Does Not Require Actual Intention
June 21, 2023 By Steven J. Parrott
In Laufer v. Naranda Hotels, LLC, 60 F. 4th 156 (4th Cir. 2023), the Fourth Circuit joins the First and Eleventh Circuits, and goes against…
Trucking Company Sanctioned for Spoliation of Evidence Maintained Electronically
June 9, 2023 By Nancy J. Goodiel
The Western District of Virginia recently sanctioned a trucking company who had received a preservation letter following an accident. After removing most of the information…
Life Care Planner’s Opinions on Necessity of Future Treatment Excluded
June 2, 2023 By Steven C. Bergeron
In the recent case of Yvette Norman v. Leonard’s Express, Inc., No. 7:22cv00096 (W. D. VA, April 21, 2023), the U.S. District Court for the…
Maryland Court of Appeals Holds No Recency Requirement for Teaching Medicine Exception for Qualifying Attesting Experts Under the Healthcare Malpractice Claims Act
March 23, 2023 By Jennifer N. Henriquez
On December 29, 2022, The Appellate Court of Maryland[1] issued an opinion in Jordan v. Elyassi’s Greenbelt Oral & Facial Surgery, P.C., et al., 2022…
Maryland Supreme Court to Decide Scope of Judicial Discretion in Admitting Expert Testimony
March 9, 2023 By Lisa H. Carrera
The Maryland Supreme Court is set to review the scope of judicial discretion in consideration of the newly adopted Daubert-Rochkind standard, which places emphasis on…
Update: Virginia Court of Appeals Holds COVID-19 Judicial Emergency Tolling Applies to All Statutes of Limitation
February 7, 2023 By Melissa H. Ryan
Due to an appeal, this is an update to our September 7, 2022 legal update post. To access the original post, click here. Brief Background:…
Recovery Without Physical Injuries
October 18, 2022 By Mark A. Kohl
In Maryland, a plaintiff can (sometimes) recover in negligence without physical injuries. Ordinarily, a plaintiff cannot recover for a purely emotional injury that was caused…
Court of Appeals Reaffirms Validity of Household Exclusion Provision
September 30, 2022 By Paul F. Rowedder
Maryland Courts have, in the past, ruled that a household exclusion provision was valid and enforceable under an umbrella policy. In Stickley v. State Farm…