Maryland Injury Lawyer BlogPublished By Miller & ZoisWho is Listening- August 14, 2008 The Baltimore Injury Lawyer Blog has a great post on an article I missed about how the Baltimore Sun learned of the apppointment Judge Mary Ellen Barbera to the Maryland Court of Appeals. The post includes a good lesson for personal injury lawyers: you never know who is listening.http://www.marylandinjurylawyerblog.com/2008/08/who_is_listening.html Connecticut Supreme Court's Ruling Insurance Coverage for Emotional Distress Claims- August 14, 2008 Last week, I wrote about a new opinion from the Missouri Supreme Court that found that a driver could recover emotional damages in a lawsuit against the parent of a child that was killed in a truck accident. Today, I found Taylor v. Mucci, a Connecticut Supreme Court issued on Tuesday that reaches a different conclusion in a slightly different context that involves the interpretation of "bodily injury" in an insurance policy. On Christmas Eve in 2004, the Plaintiff's minor son, Andrew, was...http://www.marylandinjurylawyerblog.com/2008/08/connecticut_supreme_courts_rul.html Wyeth v. Levine- August 14, 2008 The Wall Street Journal has a good article online about the preemption battle that is being waged the FDA's bureaucrats in the courts and in Congress. The last line of the article says that "Some drug companies are telling plaintiffs' lawyers that if they settle their cases now, they won't pay as much to the plaintiffs as they would have six months ago, before the Supreme Court announced that it would hear the Wyeth case. A lawyer negotiating a settlement with one drug maker said company...http://www.marylandinjurylawyerblog.com/2008/08/wyeth_v_levine.html Is Cheating on Your Wife Relevant in Personal Injury Cases- August 13, 2008 The California 2nd Court of Appeals issued an interesting opinion addressing the question of just how much of a plaintiffs personal life is fair game on cross-examination in Winfred D. v. Michelin North America. (Random comment: Can we all use first names in cases where there are the remotest of privacy issues in question like this court does If you are killed and your family brings a wrongful death claim or even if you are a doctor accused of medical malpractice, should someones Google...http://www.marylandinjurylawyerblog.com/2008/08/is_cheating_on_your_wife_relev.html Truck Accident Lawsuit in Missouri: Sometimes, Plaintiffs' Lawyers Just Need to Say No- August 8, 2008 The Missouri Supreme Court found last week that a truck driver who was in a truck accident with another driver can sue for the emotional damages he suffered when he saw the dead victim in the other car. I'm not sure the decision is legally wrong. But it would not fly in the court of Moral Justice court. The Plaintiff is seeking $1,623.57 in medical bills, and past and future lost wages in excess of $45,000. This is a bogus claim alert right there. You shouldn't lose $45,000 in wages and...http://www.marylandinjurylawyerblog.com/2008/08/truck_accident_lawsuit_in_miss.html Settlement of Personal Injury Cases: The New York Times Article- August 8, 2008 There is an article in the New York Times today that concludes that it is best to settle most accident, malpractice and breach of contract claims based on a recent study. The basis for the conclusion is a study suggesting that defendants made the wrong decision by proceeding to trial, based on the offer and the outcome, in 24 percent of cases, and plaintiffs were wrong in 61 percent of cases. Setting aside that these numbers do not even resemble the numbers of our lawyers - and probably...http://www.marylandinjurylawyerblog.com/2008/08/settlement_of_personal_injury.html New Maryland Judges- August 7, 2008 New Maryland judges were announced today: District Court of Anne Arundel County: Henry Richard Duden, Eileen Anne Reilly, Shaem Charles Patrice Spencer Circuit Court Prince George's County: Judge Leo Edward Green Jr. District Court Prince George's County: George Richard Collins, Tiffany Hanna Anderson, Lawrence Vincent Hill Jr District Court Calvert County: Edward Gregory Wells 3rd Circuit Court of Speical Appeals: Kathryn Grill Graeff Court of Special Appeals (At...http://www.marylandinjurylawyerblog.com/2008/08/new_maryland_judges_1.html New Bankruptcy Case Every Accident and Malpractice Lawyer Should Know- August 7, 2008 The 11th Circuit Court of Appeals decided the question of whether a debtor's claims for legal relief that arose after the confirmation but before the completion of his plan to pay creditors are property of the estate, under Chapter 13 of the Bankruptcy Code. In this case, after the debtors' joint Chapter 13 plan was confirmed, the joint-debtor husband was involved in a car accident and suffered personal injuries. The bankruptcy court approved the $25,000 claim against the at-fault driver. ...http://www.marylandinjurylawyerblog.com/2008/08/new_bankruptcy_case_every_acci.html Hung Jury in Prince George's County- August 6, 2008 Im back from a jury trial in Prince Georges County that resolved yesterday. It was a bifurcated liability only case. My client suffered a leg amputation. Easily one of the best clients and best families we have ever represented. After almost six hours of deliberation, the jury was deadlocked on all four questions presented to them at 3-3. From talking to the jury afterward all nice people we could have kept them together for a week and they would not have been able to resolve it. ...http://www.marylandinjurylawyerblog.com/2008/08/hung_jury_in_prince_georges_co.html Medical Malpractice Insurance in Maryland- August 1, 2008 The Baltimore Sun reports today the medical malpractice rates continue to fall. My favorite line from the article: "Since that deal was struck, claims payouts have fallen sharply, sparking debate over whether a malpractice crisis ever existed." Hmmm, I hadn't thought about that. I'm preparing for trial on Monday and I don't want to completely flush out this issue but this article made me think of something. If we are going to offer state subsidies to doctors for their malpractice...http://www.marylandinjurylawyerblog.com/2008/08/medical_malpractice_insurance_1.html |