Maryland’s Appellate Court Clarifies the Elements of the Open and Obvious Doctrine
March 11, 2021 By Mark A. Kohl
Maryland’s intermediate appellate court has clarified the elements of the open and obvious doctrine (and whether separate jury instructions and verdict sheet queries may be…
e-Signatures in a COVID World
February 25, 2021 By Nancy J. Goodiel
The Uniform Electronic Transactions Act, found at Virginia Code § 59.1-479 et. al., defines an Electronic Signature as an “electronic sound, symbol, or process attached to…
Proposed Legislation Expected to Double Virginia GDC Jurisdictional Limit and Minimum Auto Liability Policies
February 11, 2021 By Jason C. Greaves
Proposed legislation is expected to double the Virginia General District Court jurisdictional limit and minimum auto liability policies from $25,000 to $50,000. The Virginia legislature…
A Missed Scheduling Order Deadline Ultimately Results in Summary Judgment
January 7, 2021 By Emily F. Belanger
The Court of Special Appeals of Maryland, in the case of Asmussen v. CSX Transp., Inc., No. 814, Sept. Term, 2019, 2020 WL 5417549 (Md.…
VIRGINIA $7.5 MILLION DEFAULT JUDGMENT NOT SET ASIDE ON MOTION
December 8, 2020 By Nancy J. Goodiel
The United States District Court for the Western District of Virginia recently found that a Defendant who did not respond to proper service and appear…
Courts Continue to Grapple with Whether Business Losses Caused by COVID 19 are Covered Losses Under Business Income Insurance Policies
November 18, 2020 By Matthew J. Gannett
The COVID-19 pandemic has caused massive disruption and losses to businesses across the country. Recent spikes in cases have prompted some governors and local governments…
What is an Injury? Maryland Courts Reaffirm the Statute of Limitations for Medical Malpractice Claims
November 5, 2020 By Lauren N. Rutkowski
In a reported opinion, the Maryland Court of Special Appeals re-emphasized the timing for plaintiffs to file suit alleging medical malpractice for claims involving misdiagnoses.…
Landowners Not Entitled to Immunity Under Recreational Use Statute
October 21, 2020 By Mark A. Kohl
Landowners are not entitled to immunity under the Recreational Use statute for injuries sustained by their social guests. Generally, a landowner owes a duty of…
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…