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Personal Injury Law

Maryland Injury Lawyer Blog

Maryland personal injury related material from Miller & Zois.

Post Frequency: 4.4/day

Last Entry: April 01, 2011 at 15:16:36

Two Frivolous Lawsuits

Posted on June 01, 2010
A lot of meritorious lawsuits were filed last week. Yet this morning my Google Reader quickly pointed me to two that seem to embody the definition of a frivolous lawsuit: Walter Olson on Overlawyered reports on a lawsuit in Canada where the Plaintiff is suing after she jumped out of a car while she was intoxicated...

Very Dumb Lawsuit Dismissed

Posted on May 27, 2010
The U.S. Third Circuit Court of Appeals dismissed a ridiculous lawsuit against the New England Patriots and Bill Belichick by a season ticket holder/lawyer who brought a lawsuit on behalf of "all Jets fans" who had bought tickets to Jets-Patriots games in New Jersey during Belichick's tenure...

Progressive Insurance Claims

Posted on May 24, 2010
I almost universally like Progressive insurance adjusters. Progressive's claims adjusters seem nicer, more professional, and less inclined to take cases personally than a lot of other insurance companies. I can say the same thing about Progressive's lawyers...

Requests for Admission Thoughts

Posted on May 21, 2010
I spend a lot of time responding to random questions from other lawyers, in part due to the fact that the Maryland Injury Lawyer Blog has a decent following. I'm going to start publishing some of the responses to the extent they are helpful to anyone else...

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Mediation Article with Judge Clifton J. Gordy

Posted on May 12, 2010
The Maryland Daily Record published a three part series over the last month on mediation in Maryland personal injury cases, a piece I wrote with the Honorable Clifton J. Gordy . You can read the articles on-line but you have to be a subscriber to the Daily Record to read the entire article...

Maryland's Wrongful Death Statute

Posted on May 11, 2010
Not often, but at least a few times a year, our law firm gets a wrongful death case in Maryland where, regardless of the facts, there is no claim. In this case, the victim, who may be loved by family and friends, has no wrongful death claim because the victim has no spouse, children, or living parents...

Problem with Drug Research Test for Safety and Efficacy

Posted on May 10, 2010
The first line in this editorial adequately summarizes the problem that leads to unsafe drugs and medical devices: What would your reaction be if the results of a football match were reported as 5:0 by one of the teams and as 3:1 by the other team? This editorial underscores a point that I think the "FDA approval is the gold standard" crew completely ignores: it is painfully easy to rig drug testing to get the desired results at any stage of the research and testing process...

Elena Kagan to the Supreme Court

Posted on May 10, 2010
As predicted here, President Obama will nominate Elena Kagan for the Supreme Court. What? Virtually everyone predicted Kagan? My Kagan pick was based on one thing: age. The other candidates are too old to hope for a long legacy. Kagan's two big competitors, Judge Merrick Garland and Judge Diane Wood, are 57 and 60 years-old...

Medical Device Preemption

Posted on May 06, 2010
The Drug and Device Law Blog has a guest post on the status of the Medical Device Safety Act of 2009, a bill that has been introduced in Congress that would overturn the Supreme Court's holding in Riegel v. Medtronic preempting state common law claims challenging the safety of FDA approved medical devices...

President Obama, Judges, and Personal Injury Cases

Posted on May 06, 2010
President Obama is whittling down his list of Supreme Court candidates and will have a choice this month. But the face of the federal courts is changing under President Obama. I'm hijacking the Baltimore Sun's article on Monday but changing the focus to the subject of this blog: personal injury cases...

Starbucks Hot Tea Lawsuit

Posted on May 06, 2010
A woman has sued Starbucks for serving ?unreasonably hot? tea, causing her second degree burns. Reuters has the article which includes reader comments. All of the commentators are rushing to judgment, claiming either the woman is pond scum (95%) or that Starbucks was "clearly negligent...

Nice Email to Us of the Week

Posted on May 03, 2010
I'll admit to being a sucker for kind words: I am in CA and I wanted to thank you for your site. I am an innocent victim up against a very ruthless old attorney who has already forced me to bankruptcy and is trying to take my home for his retirement...

Wrongful Death Compensation: How Much?

Posted on April 27, 2010
I stumbled on an interesting Chicago Law Review article today by Eric Posner (Judge Richard Posner's son) and Cass Sunstein (now with the Obama administration). I like Sunstein's views on a number of issues, including animal rights. The subject article is how the legal system assigns money damages to the loss of human life in wrongful death cases with an eye towards creating greater uniformity...

Yaz Lawsuit

Posted on April 27, 2010
More YAZ Lawsuit Information Consolidation of Yaz Lawsuits Most Recent Yaz Claim Updates Main Miller & Zois YAZ Lawsuit Website Bayer, the manufacturer of Yasmin and Yaz birth control, is slowly moving in the right direction by strengthening its warning about blood clots...

Should You Ask for an Amount in Opening?

Posted on April 26, 2010
Paul Luvera discusses a tough issue for Plaintiff's lawyers: do you clue the jury in during your opening statement as to how much you are going to ask for in closing? I struggle with this and often opt for a middle ground. I lay out the foundation of what I'm going to ask for: medical bills, wages, and the formula I think is appropriate (x per day for the rest of her life)...

The Bible at Trial in Personal Injury Cases

Posted on April 21, 2010
Religion and Scripture is the subject of one of the most compelling chapters in Reptile, a book offering a guide for plaintiffs? lawyers on trying personal injury cases. The lessons offered in the book have made a meteoric rise from novel theories to conventional wisdom by most experienced personal injury lawyers...

Posted on April 21, 2010
If you have not already done so, join me on LinkedIn.

Another New Maryland Law? Jury Demand to 15K Goes on the Ballot in November

Posted on April 13, 2010
In its final day in session, the Maryland General Assembly passed a bill that will place a constitutional amendment on the ballot in November to raise the jury prayer amount in civil cases in Maryland. Currently, any case pled in District Court in Maryland for more than $10,000 can be "bumped up" to a jury trial...

My Mediation Article with Judge Gordy

Posted on April 13, 2010
Yesterday, the Maryland Daily Record published the first of a three part series I wrote with retired Judge Clifton J. Gordy (now a mediator and arbitrator) on mediation in serious personal injury and wrongful death claims. The article is for both plaintiff and defense lawyers looking to make mediations as productive as possible...

New Maryland Law: Maryland Car Insurance Limits to Increase

Posted on April 07, 2010
The Maryland Senate passed HB 825 which increases the minimum minimum limits of car insurance liability coverage in Maryland from $20,000.00/$40,000.00 to $30,000.00/$60,000.00. The Maryland House of Delegates has already approved the bill and the Governor is expected to sign the bill in the near future...

Jay Hancock's Blog on Maryland Accident Lawyers

Posted on April 05, 2010
The Baltimore Sun's Jay Hancock continues, improperly, to be given a license by the Baltimore Sun to blog about tort claims while having a limited understanding of Maryland tort claims. I think, and maybe it is just me, this is a bad idea. He notes in his blog some great news: traffic deaths for Maryland in 2009 were 550, which is 550 too many but down from 614 in 2007 and 707 in 1990, even though Maryland has many more drivers on the road today than it did in 1990...

New Expert Financials Maryland Court of Appeals Opinion

Posted on April 05, 2010
I'm pleased to report that our own John Bratt won two consolidated cases in the Maryland Court of Appeals today. The decision really goes to the core of the question as to what kinds of financial information from professional expert witnesses is discoverable...

Ford Class Action Denied

Posted on March 25, 2010
A Maryland District Court has denied a class action on behalf of Maryland residents who own certain model years of Ford Explorers, Mercury Mountaineers and Ford Windstars. This is not a personal injury lawsuit; plaintiffs' lawyers claimed front seats in the class vehicles are defective because they are prone to collapse rearward in moderate speed rear-impact collisions...

MAIF

Posted on March 24, 2010
The Maryland Daily Record has an interesting article today on the Maryland Automobile Insurance Fund (MAIF). For out-of-state readers, MAIF is a unique animal: a state-run insurance company for drivers that cannot get car insurance from private insurers...

Baltimore Lead Paint Lawsuit to Continue

Posted on March 23, 2010
The Maryland Court of Appeals found today in a 5-2 opinion in a lead paint case that an individual member of a Maryland limited liability corporation (LLC) can be personally liable for torts personally committed on behalf of the LLC. The case, Allen v...

New Maryland Minimum Auto Accident Insurance Bill Passes House

Posted on March 23, 2010
The Maryland House of Delegates passed House Bill 825 on a 97-36 vote, raising the minimum limits of automobile coverage in Maryland from $20,000.00/$40,000.00 to $30,000.00/$60,000.00. The bill now goes to the Maryland Senate. John Bratt's Baltimore Injury Lawyer Blog provides more details on this bill...

Lawyer v. Lawyer Lawsuit Decided By Maryland Court of Appeals

Posted on March 17, 2010
In a 6-1 opinion, the Maryland Court of Appeals decided Blondell v. Littlepage, affirming the Court of Special Appeals decision which rejected a tort and breach of contract lawsuit brought by a lawyer against a malpractice lawyer regarding a case he referred to her...

Minimum Limits for Maryland Auto Accident Insurance

Posted on March 16, 2010
Tomorrow, the Maryland House of Representatives will vote on House Bill 825 which would raise the minimum limits of automobile coverage from $20,000.00/$40,000.00 to $30,000.00/$60,000.00. Is $30,000 enough coverage for a significant accident? Of course not...

Medical Errors and Admitting Mistakes

Posted on March 14, 2010
The New York Times has a story about encouraging doctors to admit their own mistakes. The UCLA surgeon who wrote the article does not contend that admitting medical mistakes should take the place of civil accountability. In fact, she suggests - as some recent literature has indicated - that being forthcoming about medical errors may decrease the number of medical malpractice lawsuits...

DuPuy Hip Replacement Lawsuit

Posted on March 12, 2010
DePuy Orthopaedics, a division of Johnson & Johnson, is removing its DePuy ASR metal-on-metal hip replacement system that reportedly has a high failure rate. Our lawyers are now investigating these claims around the country. Experts are questioning why DePuy did not recall the DePuy ASR hip replacement system because it had a design defect that made it difficult to implant the hip replacement device properly...

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