Maryland’s Intermediate Appellate Court Rejects the Viability of a “Loss of Years” Claim in Wrongful Death and Survival Action Claims
July 22, 2021 By Mark A. Kohl
Maryland, unlike some jurisdictions does not recognize the “loss of chance” theory in wrongful death medical malpractice cases. Therefore, a claimant must establish that, but…
Loss of Household Services Rendered by Adult Child
June 22, 2021 By Robert S. Morter
In a recently published “clarifying” opinion, the Maryland Court of Appeals in Fowlkes v. Choudhry (No. 6, September Term, 2020) set forth the evidentiary requirements…
Prejudgment Interest is a Matter to be Decided by the Finder of Fact in Maryland
June 10, 2021 By James S. Liskow
In Maryland, whether to award prejudgment interest against an insurer which breaches its duty to defend is a question to be resolved by the fact…
Covenants Not to Sue Come with Unwritten Attorney’s Fees Shifting in Virginia
April 28, 2021 By James S. Liskow
Separate and apart from a release of a claim or claims contained in a settlement agreement, parties can agree not to sue one another. So-called…
The Rules of the Road, They Are a Changing
April 22, 2021 By Lauren N. Rutkowski
Gone are the days when a “driver” was a driver and a human was needed to operate a vehicle, or at least, that is what…
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…