Interesting Opinions This Week

Posted On: August 26, 2011 by Ronald V. Miller, Jr.

In what I would like to be a regular feature, I have provided a summary of opinions in the last week or so that are of interest to Maryland personal injury attorneys. Maryland opinions obviously are important but I think reading opinions from other jurisdictions also give a better understanding of the arguments and issues in areas of unsettled law in Maryland or wherever you are practicing. Half of the issues that come up in a case, during discovery or at trial, are issues of first impression. Reading case law formed elsewhere on personal injury issues helps lawyers not only understand the arguments they might want to bring but it also helps spot issues in the first place.

With that pious, self-referential speech now complete, here are the opinions:

  • Knee prosthesis lawsuit survives summary judgment on appeal
  • Bad faith claim in Alaska fails
  • Nationwide Insurance also prevails in a bad faith claim that really never had a chance in the first place.
  • Writing for the Maryland Court of Appeals, Judge Harrell affirmed Charles County Judge Amy J. Bragunier in Consolidated Waste Industries v. Standard Equipment Company. The opinion discusses subsequent remedial measures, the proper format of a verdict sheet and harmless error. (Plaintiff's law firm was Hecht & Associates; Miles & Stockbridge defended the case.)
  • Once again, the Maryland Tort Claims Act is cited in letting a defendant off the hook regardless of the merits. The claim would have failed anyway. Still.
  • Criminal case of relevance to all Maryland personal injury lawyers: what is the scope of attorney-client privilege?

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