Maryland Abandoned the Frye-Reed Standard for Admissibility of Expert Testimony and Adopted the Daubert Standard.
September 25, 2020 By Matthew J. Gannett
Over 40 years ago, in the case of Reed v. State, Maryland adopted the general acceptance standard for admitting expert testimony rooted in novel scientific…
The COVID Crisis and the Insurer
September 9, 2020 By
A federal judge in the Western District of Missouri recently ruled in favor of four Missouri companies permitting their lawsuits to proceed. The companies’ lawsuits…
Civil Litigation During the COVID-19 Emergency
May 12, 2020 By Jennifer A. King
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 By Lauren N. Rutkowski
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 By Lauren N. Rutkowski
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 By Michael W. McGraw
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 By Mark A. Kohl
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 By Lauren N. Rutkowski
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 By Adam D. Perrelli
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 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…