Fall 2021
Assailing the Plaintiff’s Life Care Plan – Mitigate the Inflate
By Robert S. Morter
While we are all accustomed to seeing life care plans advanced by opposing counsel in obviously catastrophic cases (spinal cord injury, stroke/brain injury, birth trauma, amputation and the like), enterprising Plaintiffs’ lawyers are expanding their reach for use in cases where the claimed future medical and other allied health…
Recent Developments - Maryland
Litigants Must Take Prompt Action if an Opponent Serves a Deficient Expert Designation
Maryland’s second highest court recently issued a decision that considers what a litigant is required to do if their opponent serves an inadequate expert designation. That decision establishes that litigants who receive deficient expert designations must take prompt actions to address the deficiency. Watson v. Timberlake involved a motor vehicle…
Product Samples Purchased on eBay Found to be Admissible in Products Liability Case
Maryland’s second highest court recently ruled that product samples obtained on eBay were admissible in a products liability case. In Pifer v. Irwin Industrial Tool Co., Richard Pifer was diagnosed with malignant mesothelioma in 2016 and died shortly thereafter. Pifer’s estate subsequently brought suit against Irwin Industrial Tool Co. (Irwin)…
Recent Developments - Virginia
Jurisdictional Limit of the Virginia General District Courts Increased from $25,000 to $50,000
As of July 1, 2021, under §16.1-77 of the Virginia Code, the jurisdictional limit of the general district courts increased from $25,000 to $50,000. This increase, along with a continuing backlog of jury trials in circuit courts caused by the COVID pandemic, has led plaintiffs’ lawyers to file more cases…
Recent Developments - District of Columbia
Interlocutory Review
DC Courts have ruled that interlocutory review is available for interlocutory agency actions so long as the matter to be reviewed meets the requirements for the Collateral Order Doctrine. The Collateral Order Doctrine is only meant to apply to a small number of non-final orders. The test for whether a…
Releases: Applicability of Res Judicata and Collateral Estoppel
Wang v. 1624 U Street, Inc. et al. involves a motion to dismiss petitioner’s claim for negligence, breach of contract and nuisance based on the defense of res judicata and collateral estoppel which was granted by the lower court. The D.C. Court of Appeals noted that neither res judicata or…
About the Firm
About the Firm
DeCaro Doran is pleased to announce that Paul F. Rowedder and Rebecca K. Schisler-Adams have joined the firm as Associate attorneys. Paul received his undergraduate degree in Economics from the University of Maryland in 2015 and his law degree from the University of Baltimore in 2020. Paul served as a…