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…
Cutting the Reptile Off at the Knees with a Protective Order
April 16, 2019 By Jason C. Greaves
A troubling and growing trend in the plaintiff’s bar is the use of the Reptile Theory of litigation, espoused by David Ball and Don Keenan…
Does the Doctrine of Parent-Child Immunity Survive the Death of a Child?
March 29, 2019 By Michael W. McGraw
The Court of Appeals has agreed to hear the matter of Heidenberg v. Grier, No. 78, September Term 2018, a case tried in Howard County in…
Senate Bill would Increase Threshold for Demanding Jury Trial
March 15, 2019 By Mark A. Kohl
Any civil Defendant presently is entitled to demand a jury trial if they have been sued for more than $15,000. If the case is pending…
What’s in a Name? McCormick & Company, Incorporated v. Primal Palate, LLC
January 30, 2019 By Erin H. Cancienne
This is the question that has arisen in a lawsuit filed by McCormick & Company, Incorporated against Primal Palate, LLC. McCormick’s claim is that Primal…
Victims of Unlicensed Lenders Receive Benefit of Greater Statute of Limitations
January 14, 2019 By Gerald W. Ueckermann, Jr.
In response to a certified question from United States District Court Judge George L. Russell, III, the Court of Special Appeals unanimously ruled that alleged…
When Can A Crime Victim Hold A Police Officer Liable For Failing To Protect Them?
December 19, 2018 By Gerald W. Ueckermann, Jr.
In Howard v. Crumlin, decided Nov. 28, 2018, Nicole Enoch placed a call to 911 at about 2:00 a.m. one morning. In response, police officer Ben…
When are Judgments Final: Amendment to Virginia Supreme Court Rule 1:1
November 15, 2018 By David D. Das
An amendment to Rule 1:1 of the Supreme Court of Virginia became effective on November 1, 2018. Rule 1:1 provides that final judgments, decrees and…