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Personal Injury Law

Maryland Injury Lawyer Blog 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

Recent Entries: 508

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Medical Malpractice and the Baltimore Sun's View

Posted on February 25, 2009
The Baltimore Injury Lawyer Blog offers additional insight into the Baltimore Sun's editorial on proposed changes to the medical malpractice cap in Maryland, including the Sun's publication of a letter to the editor presenting the victim's point of view on the issue of malpractice caps...


Youth Detention Center: Two Judges Taking Kickbacks in Pennsylvania

Posted on February 23, 2009
CNN has a story that would be very hard to believe if there was not a guilty plea. Two judges in Pennsylvania were paid $2.6 million in kickbacks to sentence juveniles to facilities for troubled teens. The judges have been disbarred and have resigned from the bench, agreeing to serve over 7 years in prison under their plea bargains...


Medical Malpractice and the Baltimore Sun

Posted on February 23, 2009
Last week, I wrote on the Maryland Medical Malpractice Attorney Blog about the Baltimore Sun taking a position opposing medical malpractice caps, choosing the new, innovative path of side stepping the substance of this issue and trying to demonize trial lawyers...


Famous People and Lawsuits

Posted on February 20, 2009
The worst thing going for the perception of plaintiffs? trial lawyers ? and by extension, plaintiffs ? is famous people. Because they sue and get sued in a way that completely misleads the public as to the extent to which the civil justice system is misused...


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Sample Trial Transcript in Car Accident Case

Posted on February 19, 2009
We had put a sample trial transcript from a car accident trial in Charles County, Maryland on our website a few weeks ago. The sample transcript had some difficulties: the full transcript took too much time to load and specific sections were labeled by bates number instead of the actual numbers on the trial transcript...


Circuit Court Removal by Insurance Companies in Maryland Car Accident Cases

Posted on February 11, 2009
There is a battle now in the Maryland state legislature about whether Maryland should increase the minimum jurisdictional amount before a defendant can remove a case from District Court to Circuit Court. Defense lawyers for State Farm and Allstate, the two largest auto insurance providers in Maryland, routinely "bump up" District Court claims to Circuit Court if the amount in controversy is more than $10,000...


Lord & Whip Partnership Brawl

Posted on February 10, 2009
A Lord & Whip partner filed a Complaint for Voluntary Dissolution in Anne Arundel County Circuit Court. The Complaint is juicy to say the least, including information on how much revenue one partner had brought into the firm and how one of the Lord & Whip partners told the partner seeking dissolution that he was a "sociopath" who needs "psychiatric treatment...


Personal Injury Related Links

Posted on February 05, 2009
It is much easier to comment on the content of other people's writings than writing commentary that is original and interesting. So let's go that route today. This is what I've been reading: Justice Scalia can?t handle a tough question from a 20 year-old co-ed...


High-Low Agreements in Personal Injury Cases

Posted on February 03, 2009
Generally, I dislike trying personal injury cases with high-low agreements that contain the size of the verdict. If you are going to force us to take the case to trial, I would prefer to have the chance of the upside. My gut level reaction is no deal...


Seroquel Lawsuits: Followup to Summary Judgment Ruling in Florida

Posted on February 02, 2009
Last Wednesday, I reported on the Seroquel summary judgment in Florida in the much awaited first Seroquel MDL. The opinion appeared to give AstraZeneca Pharmaceuticals a boost (although there are a thousand variables that are involved in the 1% rise in the stock price ? the Seroquel lawsuits are a small piece of the large mosaic that is a major pharmaceutical company) and depress not only Seroquel litigants and their lawyers, but also plaintiffs? lawyers in drug and medical device litigation, who have had a tough year...


Seroquel Lawsuit Dismissed

Posted on January 28, 2009
Unfortunate setback today in the AstraZeneca Seroquel lawsuits pending in federal court: two lawsuits set for trial in Orlando next week have been dismissed. This was the first MDL class action trial in federal court, where most of the Seroquel lawsuits have been filed...


Medical Malpractice and the Cost of Health Care

Posted on January 23, 2009
Robert J. Samuelson is one of the country?s most prolific economists. His regular columns in Newsweek and the Washington Post secure his status as an opinion leader on economic issues of our day. Samuelson is unrepentantly a proponent of Reagan supply side economics...


Robert J. Samuelson is one of the

Posted on January 23, 2009
Robert J. Samuelson is one of the country?s most prolific economists. His regular columns in Newsweek and the Washington Post secure his status as an opinion leader on economic issues of our day. Samuelson is unrepentantly a proponent of Reagan supply side economics...


Prince George's County Jury Awards TV Reporter $5,000

Posted on January 22, 2009
The Washington Post reports that a Prince George's County jury awarded $5,000 to a WJLA-TV (Channel 7 in Washington, D.C.) reporter, stemming from an incident where P.G. County police officers detained her briefly at gunpoint, as well as used excessive force, nearly four years ago...


Preemption in the Media

Posted on January 22, 2009
The Supreme Court's ruling in Medtronic v. Riegel has largely been ignored by broadcast media. But I found a clip from MSNBC's ?Countdown with Keith Olbermann? on preemption and President Bush's efforts until the bitter end to push for preemption. Keith Olbermann's portrait on these things is not exactly "fair and balanced...


Baltimore Law Firm Layoffs - Are All of the Jobs Going?

Posted on January 22, 2009
The Daily Record Blog has posts on layoffs at Saul Ewing, Whiteford Taylor & Preston, and Ballard Spahr. Law students hearing all of this have to be depressed. But unless the current economic crisis is worse than I think, the market for lawyers will bounce back...


John Roberts and Giving the Oath to Obama

Posted on January 22, 2009
The LA Times has a story on Chief Justice John Roberts' failed effort to administer the oath of office to President Obama. I interviewed with John Roberts in 1993. I did not get a job offer. I'm really feeling better about that these days. The funny thing is Roberts is well known for his cool under fire in the zillion arguments that he made before the Supreme Court before getting appointed to the Court...


Garnishing Personal Injury Settlements in Maryland

Posted on January 21, 2009
The Maryland Daily Record reports that a personal injury settlement is not subject to garnishment for child support, according to the Maryland Court of Special Appeals opinion in Rosemann vs. Salsbury, Clements, Bekman, Marder and Adkins, LLC. This action stems from an effort by a father to obtain child support from the child?s mother (which is not exactly the norm)...


Car Accident Lawsuits: Time Magazine Article

Posted on January 16, 2009
Take a look at this Time Magazine article on auto accident lawsuits. The article has the usual stuff: insurance company complaints about high verdicts, people faking injuries, jackpot justice, the backlog in the courts, and the fact that most personal injury victims only receive small settlements...


Preparing Witness for Cross-Examination

Posted on January 15, 2009
Some advice from an article in Lawyers Weekly: If the witness has to answer "yes" to anything during cross-examination, "make sure it is a very proud 'yes,' rather than looking like a deer in headlights when you're cross-examined. That way the jury won't think the opposing lawyer is scoring any points...


Litigation Society?

Posted on January 12, 2009
I enjoy picking up the Outlook section of The Washington Post on Sunday?s to read George Will. I rarely agree with him. But I?m always impressed with his writing and analysis. Sunday?s article offers thoughts on a topic that is obviously near and dear to my heart: litigation...


Medtronics Lawsuit

Posted on January 08, 2009
This is the bill introduced in the Senate last year to overturn Medtronic v. Riegel. A similar bill was introduced in the House of Representatives about six months ago. If you look at the Senate bill, you will note that one of the cosponsors was the junior Senator from Illinois...


Medtronic Lead Cases Suffer Major Setback

Posted on January 06, 2009
An opinion was published yesterday by Medtronic MDL Judge Richard H. Kyle. The opinion ruling on Medtronic?s motion for summary judgment begins with this sentence: The federal courts are frequently confronted with sympathetic plaintiffs who are, nevertheless, without remedy by operation of law...


A Tale of Two Lawyers

Posted on January 05, 2009
The Internet tells two stories this morning. First, the Maryland Daily Record tells the story of an applicant to the Maryland bar who has been practicing law, apparently without incident, in New York for 25 years. This New York lawyer apparently wanted to relocate to Maryland and took and passed the Maryland bar...


Medical Malpractice Caps, David Petraeus, Abraham Lincoln, and Martin Luther King: Watch Me Strain to Relate Them All Together to Close Out 2008

Posted on December 30, 2008
The Daily Herald in Chicago published an editorial yesterday that urges the Illinois Supreme Court to overturn the Illinois cap on non economic damages in medical malpractice cases. The article, written by the President on the Illinois Trial Lawyers Association (I guess they have not gotten the Association for Justice memo), does not cover any new ground opposing tort reform...


The Failures of For-Profit Nursing Homes

Posted on December 29, 2008
The Centers for Medicare & Medicaid Services recently published a report analyzing approximately 16,000 nursing homes in this country and assigned each a rating ? from one star to five stars - based on such criteria as health inspections and staffing...


Insurance Settlements: Last Minute Holiday Shopping

Posted on December 23, 2008
Last minute shopping? Trying to buy something for someone who has everything? Consider my book, Insurance Settlements by James Publishing for $129 ( ISBN 0-938065-53-X). This stocking stuffer two volume treatise discusses how to position a lawyer's car accident, truck accident, medical malpractice or product liability case to the best possible settlement at every step along the way...


Hospitals Suing Patients

Posted on December 22, 2008
The Baltimore Sun had an article on Sunday about the unfairness of the nature and the speed of lawsuits hospitals are filing against patients for unpaid hospital bills. The numbers are staggering: Maryland hospitals have filed 132,000 lawsuits in the past five years for unpaid bills, a third of which have been filed in Baltimore City District Court...


Is Baltimore a Judicial Hellhole?

Posted on December 18, 2008
Baltimore is "teetering along the edge of a hellhole" because of its hospitable climate for personal injury lawsuits, according to a new study from the American Tort Reform Foundation. If you are a lawyer handling medical malpractice, accident or products liability cases in Baltimore, this comes a little out of left field because while Baltimore is considered a more reasonable jurisdiction than most in Maryland to try personal injury cases, Baltimore plaintiffs? lawyers hardly see Baltimore as a personal injury utopia...


Maryland Injury Lawyer Blog and Twitter

Posted on December 16, 2008
You can now follow the Maryland Injury Lawyer Blog on Twitter.


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