Articles Posted in Uncategorized

A Maryland appellate court has affirmed the dismissal of a proposed class action against MedStar Health, ruling that the patient data allegedly shared with Facebook and Google does not qualify as protected “contents” under Maryland’s wiretap statute. The decision is careful, technically sound, and entirely unsatisfying if you believe that when a hospital promises to protect your information, it should actually mean something.

The plaintiff was a MedStar patient who used the myMedStar patient portal to view lab results, radiology images, COVID testing outcomes, and prescription information. He alleged that MedStar embedded tracking code on its patient portal and public website that collected IP addresses, cookie values, device attributes, URLs, and login activity and transmitted that data to Facebook and Google without patient consent. He argued this violated the Maryland Electronic Surveillance Act, the state’s version of the federal wiretap law.

The theory was straightforward. MedStar promised patients privacy. MedStar then allegedly bugged its own website with tracking software that leaked patient activity to third parties. If that is not an interception of electronic communications, what is?

On Tuesday, the Supreme Court of Maryland dismissed climate change lawsuits brought by Baltimore, Annapolis, and Anne Arundel County against some of the largest fossil fuel companies in the world.

The plaintiffs were not asking the court to regulate emissions. They were not challenging EPA permits. They were not trying to set environmental policy. They were alleging fraud. P. The fossil fuel companies knew their products were causing catastrophic harm, concealed that knowledge for decades, and profited while the planet burned.

The court said none of that matters. In a 5-2 decision, the majority ruled that state law cannot be used to impose liability for global greenhouse gas pollution, no matter how the claims are framed. Federal law displaces and preempts the local governments’ claims. End of story. Case dismissed.

This page look at the newly developing Depo Provera brain tumor lawsuits. Depo Provera is a female contraceptive injection that is commonly known as the birth control shot. Millions of women in the U.S. have used Depo Provera at some point in their lives. New evidence has shown that Depo Provera can cause a specific type of brain tumor called meningiomas.

This has sparked a growing wave of Depo Provera brain tumor lawsuits. Based on the size of the potential plaintiff field and the strength of the causation evidence, this is expected to be a significant new mass tort. We will examine the allegations in the Depo-Provera brain tumor lawsuits and discuss the potential settlement value of these cases.

News and Updates on Depo Provera Litigation

In Ceron v. Kamara, the Appellate Court of Maryland addressed an appeal following a motor vehicle accident in Montgomery County.  The big issue on appeal is the trial court’s decision to permit the defendant’s counsel to introduce reasoning for expert consultation during closing arguments, which was not previously in evidence, questioning the fairness of this action. The appellate court – to my surprise, anyway – affirmed the trial court’s judgment, despite assuming potential error.

I get it, the court is trying to find balance between the wide latitude given to attorneys in closing arguments and the requirement that these arguments be based solely on evidence presented during the trial.  But I think the court comes out on the wrong side.

Facts

Driving or riding in a golf cart is fun. Golf carts bring all the fun of driving a car without any of the rules of the road. While this combination usually makes for a carefree day on the links or a quick cruise through a retirement community, golf cart accidents can actually lead to serious injury. Golf carts were meant for just that: golf. However, their expanded use has led to an increase in injuries across the United States.

What Makes Golf Carts Unsafe?

A golf cart is essentially a tiny car with all of the safety features removed. Think about it: golf carts lack doors, sides, bumpers, airbags, and seatbelts, and usually have a plastic body. Considering that they are commonly driven at high speeds across rough terrain, it is surprising that there is absolutely no license requirement for driving one. Plus, that does not even take into account the normal maintenance required to ensure that all components like brakes or even the seats are functioning. It does not help that alcohol and golf often go hand in hand, meaning many drivers might be under the influence of alcohol. At the end of the day, there is very little in the way of regulation when it comes to golf carts, which makes it easy for the negligence of others to cause injury.

The Maryland Appellate Court recently decided a Maryland dram shop case after the tragic death of a man in a single-car crash that had allegedly been overserved at a Charles County bar.  The plaintiffs had the good fortune of drawing as the author of the opinion the  Maryland Supreme Court judge the wrote the dissenting opinion in Maryland’s last big dram shop case.

Plaintiffs still lost.

Facts of Willett v. Ape Hangers

In Zadnik v. Ambinder, a Maryland Appellate Court decision issued yesterday, addresses interesting issues of common law marriage and who can bring a wrongful death claim in Maryland.

Facts of Zadnik v. Ambinder

Thomas Zadnik, the appellant, lodged a wrongful death lawsuit against an oncologist and Johns Hopkins Medicine in the Circuit Court for Baltimore City. Mr. Zadnik alleged that the late Margaret Conway, the decedent, was his common-law wife under Pennsylvania law and that the defendants’ negligence caused her death.

The Maryland legislature seems poised to change the statute of limitations for sex abuse.  Our lawyers lay it out the Child Victims Act of 2023 that seeks to provide child sexual abuse victims with expanded opportunities to hold wrongdoers accountable.

Where We Are Now

This week, the Maryland Senate approved legislation on March 16 that would eliminate the statute of limitations on sexual abuse lawsuits. The bill establishes a “lookback window,” allowing survivors to take legal action regardless of when the abuse took place.

Timberlake v. State is a case involving the delays in trial for criminal defendants due to COVID.   The appeal is based on his normally unacceptable trial delays primarily due to court closures mandated by Chief Judge Mary Ellen Barbera, who was then serving as the Chief Judge of the Court of Appeals of Maryland (now known as the Supreme Court of Maryland), as a result of the COVID-19 pandemic.

There is also some interesting Hicks analysis that will be interesting to any Maryland criminal defense lawyer.  The bottom line is that Judge Barbara’s order on COVID is binding and will not give criminal defendants an out.

Facts of Timberlake v. State