Maryland Lawyer Blog

• Overlawyered has a post on letting jurors ask questions. I would love a system where the jurors asked questions of the lawyers


• Average malpractice verdicts and settlements in Maryland.


• The Maryland Injury Lawyer Blog on why malpractice lawsuits are needed, particularly in Maryland, to protect the public


• Market share data for Maryland car insurance companies. GEICO and State Farm are clearly the two big players in the Maryland auto insurance market.


• Maryland lawyer Brett Weiss of Joseph, Greenwald & Laake, testified before the U.S. Congress House and Judiciary Committee on bankruptcy and credit issues


• Montgomery County fireman settled his wrongful termination lawsuit


• Annapolis settles a police brutality lawsuit


• The ACLU may file a lawsuit against Prince George’s County to stop the school board from starting meetings with a prayer. At some point, do we need to fight the battle over something so harmless? If you are an atheist, are you really offended?


• Trial court in Montgomery County rules that Maryland medical malpractice cap does not apply in cases where arbitration was waived.


• The Maryland courts seem determined to get rid of slip and fall lawsuits in Maryland.

• The history of shoulder pain pump lawsuits.
• The Wall Street Journal Law Blog offers some real insight into what big firm associates should be doing: keep your head down and work. This piece of brilliance is sponsored by big firm law partners everywhere.


• Maryland Malpractice Lawyer Blog on the chances of a successful malpractice lawsuit statistically


• The TortsProf Blog has its own roundup of links. The have not linked to me in a while which is beginning to hurt my feelings.

I like this Supreme Court oral argument transcript. Kenneth Starr gets out exactly 41 words before he is interrupted. This is good reading for any law student looking for what to expect in an oral argument in moot court. Unfortunately, Al Gore had not gotten the whole Internet thing up and running when I was in law school.

The Maryland Court of Appeals writes two opinions requiring disciplinary action of two Maryland lawyers. One involves parking tickets, marijuana, DUIs, and misleading the court. In this case, the court finds some wrongdoing but mostly a lot of smoke but no clear and convincing evidence of a fire.

In the second, the court suspends a lawyer for two years under a incredibly common fact pattern: (1) married (almost invariably male) lawyer sleeps with client, (2) cheats on client with another client, (3) client finds out and calls Bar Counsel. The court ruled 4-3 to suspend the lawyer for two years. The dissent thought disbarment was the more appropriate sanction for the lawyer.

I think most anyone would agree this is actionable conduct, but the question is the penalty. It is amazing to me how your world view has an impact on your view of these things. It really shouldn’t make a difference from an attorney grievance standpoint, but I think the fact that he is married is an aggravating factor. It would seem more innocuous to me if the lawyer were single. I also think a mitigating factor is that the client who brought the malpractice case against this lawyer has an Alex Forrest in Fatal Attraction vibe. Again, this was irrelevant to the court in this case, but pretty important on my scorecard.

The Maryland Daily Record has an article today that has an appropriate title: "What Prince George’s needs is…UB Law?" Apparently, the Maryland General Assembly has instructed the University System of Maryland to look into the possibility of a putting a University of Baltimore branch in the D.C. suburbs.

I'm certainly not in love with the idea. Would first year classes be in Prince George's County? Are professors going to be traveling to the Prince George's County campus? I'm on the adjunct faculty at the University of Baltimore and I would be willing to do anything to help. I would probably be willing to make that drive if I were asked. But I can't imagine that the majority of professors - who are largely Baltimore-based - would make the drive. I think this is one of those things that sounds good until you actually consider the logistics. Moreover, the decision to look at these issues should come from the school responding to the market demands, not the Maryland General Assembly telling the University of Maryland to look at the issue.

I think a lot of Prince George's County lawyers went to the University of Baltimore. The lure of in-state tuition gives the University of Maryland Law School (which is also in Baltimore) and University of Baltimore a strong edge in competing for potential PG County lawyers.

Lawsuits claiming a product defect in Victoria’s Secret bras continue to rise. Specifically, the majority of the claims appear to be that Victoria’s Secret bras give the rashes and other skin problems to users. Last week, plaintiffs’ lawyers filed a motion seeking MDL status for the 600 Victoria's Secret lawsuits that have been filed.

People (okay, men) get worked up just hearing the words “Victoria’s Secret bra” because of the images that it conjures up. Let’s jump back to reality. A sixty-six year old West Palm Beach woman is quoted as saying the Victoria’s Secret bras she wore gave her a “horrible rash” and hives. “It kept burning and itching. I finally stopped wearing the bras,” the woman interviewed by the Associated Press said. “It disappeared, but it still burns every once in a while.” There may be serious claims out there. But this woman's case is not an example of a case that I think should be in an MDL.

Setting aside this new Victoria’s Secret image which sets back millions in advertising, I’m not sure “I had a rash that burns and itches and comes back every once in a while” rises to the level of an MDL (consolidated as a class action lawsuit for the purposes of discovery). I can’t help but wonder if the lure of “Victoria’s Secret bras” is what drives cases like this. Would these cases have been filed if the bras were “Kmart Brand” bras? Moreover, what are the real damages here? Who really gets compensated in these kinds of cases besides the plaintiffs’ lawyers?

I don't see any Maryland lawyers involved in these claims or any lawsuits filed here in Maryland. But if an MDL is certified, you can expect that to change. Our lawyers are accepting these Victoria’s Secret claims but are handling only a subset of these plaintiffs: Victoria's Secret supermodels. Accordingly, for us to consider your Victoria's Secret claim, you will need to provide written proof in People or Us that you have been referred to as a supermodel.

The Maryland House of Delegates voted to allow speed monitoring cameras in Maryland near schools and highway work zones. The Maryland Senate already approved this bill and Governor O'Malley's signature is a formality. A few years ago, the Maryland legislature passed similar legislation designed to prevent pedestrian auto accidents but but then Governor Ehrlich vetoed the bill

What does it mean? Maryland drivers pictured going more than 11 miles an hour over the speed limit would get a $40 ticket. That's it.

The opposition to this bill is Big Brother. Here's my question: what is more of an imposition, getting pulled over or having someone take your picture? It seems to me speed cameras are just the opposite of an invasion of privacy.

This is a first step towards putting speed cameras everywhere. I think this is a good thing that would in the long haul go a long way toward decreasing serious auto accident injuries and fatalities on Maryland roadways.

Among the most serious auto accidents our lawyers see in Maryland are pedestrian accidents, often involving people working near the road and children. Not surprisingly, you can often find children near school. (Film at 11.) This law is designed with these Maryland pedestrian accidents in mind but I think it is reasonable to expect this law will be expanded over time to include other areas where speed causes accidents - which is just about anywhere.

If you have suffered an injury as the result of a defendant's negligence that resulted from speeding, call our Maryland auto accident lawyers at 800-553-8082 or click here for a free car accident lawyer consultation.

Strippers in Prince George's County scored another victory when a federal judge ruled that strip clubs in Prince George’s County can keep on serving alcohol because a state law enabling the county’s licensing board to revoke liquor licenses issued to strip bars violates equal protection and free speech under the Constitution. Somewhere, I'm sure James Madison and Abraham Lincoln are smiling because I think they had exactly strip clubs in Prince George's County in their minds putting together the 1st and 4th Amendments. I'm sure they would have been offended by the sensibilities of the Prince George's County law that required - among it other draconian measures - no touching the patrons. No lap dances? The inhumanity.

Why another victory for Prince George's County strippers? No reason. I just thought it was a fun title.