Arbitration Agreements Not Subject to the Statute of Limitations
April 29, 2022 By Lauren N. Rutkowski
In a unanimous decision, the Maryland Court of Appeals ruled that the Statute of Limitations does not apply to arbitration agreements. Maryland’s Statute of Limitations…
Virginia Changing Calculation of Available Underinsured Motorist Coverage in 2023
April 13, 2022 By Melissa H. Ryan
Starting July 1, 2023, Virginia is changing the calculation of an insured’s available underinsured motorist vehicle coverage. The General Assembly has approved Senate Bill 754,…
Fourth Circuit Issues Opinion Regarding Losses from Business Interruption Due to COVID-19 Shut-downs
March 30, 2022 By Steven J. Parrott
On March 7, 2022, in Uncork & Create LLC v. Cincinnati Ins. Co., __ F. 4d ___ (4th Cir,. 2022), 2022 U. S. App. LEXIS…
Law in Support of Admission of Medical Bills When Plaintiffs Seek to Keep Them from the Jury
March 16, 2022 By Rebecca K. Schisler-Adams
A growing trend in personal injury litigation is for plaintiffs to waive and attempt to exclude all evidence of medical specials and other economic damages…
COSA Changes Long-held Policy of Disallowing Unreported Opinions From Being Cited as Persuasive Authority
February 21, 2022 By Elaine R. Wilford
For years the Maryland Court of Special Appeals (“COSA”) has maintained a policy that, for persuasive value, it will not cite to any unreported federal…
Maryland Pattern Jury Instruction Outlining the Duty Owed by a Possessor of Land to a Business Invitee Was Updated to Partially Address Modification Requested by the Court of Special Appeals
January 27, 2022 By Matthew J. Gannett
The Maryland Civil Pattern Jury Instruction 24:3 addressing the duty owed by a possessor of land to an invitee was updated to read as follows:…
Challenges to Maryland’s Former Chief Justice’s Order Suspending the Statute of Limitations During the 2020 COVID-19 Crisis
December 17, 2021 By Lauren N. Rutkowski
In the wake of the ongoing COVID-19 crisis, Maryland courts are now reviewing the implications of former Chief Judge Barbera’s Order tolling the Statute of…
COSA Makes Clear that a Physician’s License May be Revoked Without a Hearing Following a Crime of Moral Turpitude
December 2, 2021 By Rebecca K. Schisler-Adams
Maryland Courts have long recognized the property interest physicians have in their medical licenses. In 1998, the Court of Appeals emphasized this interest, holding that…
Landlords Can (sometimes) be Held Liable for a Third-party’s Criminal Acts Against Tenants
November 10, 2021 By Mark A. Kohl
Generally, when a tenant takes possession of premises from a landlord, the tenant becomes the de facto owner and occupier of the leased premises for…
Transformation of Appellate Practice in Virginia
October 26, 2021 By Nancy J. Goodiel
Just a few months from now, civil litigators will face the most significant change in civil procedure with the expansion of the Court of Appeals…