Blog Posts in 2013
Posted on Dec 23, 2013 By HMM
In this unreported decision, Plaintiff Berhane was involved in a MVA and subsequently sued the Defendant's UM carrier (Allstate) for negligence, and the manufacturer of Defendant's vehicle ...
Continue reading "Case Update" »
Posted on Nov 22, 2013 By HMM
The Plaintiffs in this case were the beneficiaries of Mrs. Varner's estate, who filed a lawsuit against her former physician and his practice (Dr. Alizadeh, alleging that her wrongful death ...
Continue reading "Case Update: Timely Filed Wrongful Death Cause of Action Is Not Barred by Deceased's Failure to File a Medical Malpractice Claim within the Statute of Limitations App" »
Posted on Nov 15, 2013 By HMM
In this decision, the Maryland Court of Special Appeals addresses whether a workers' compensation claimant who has reached maximum medical improvement (MMI) still receive temporary total ...
Continue reading "Case Update: Court Determines Claimant Is Not Entitled to Receive TTD Payments After Reaching Maximum Medical Improvement" »
Posted on Nov 8, 2013 By HMM
In this decision, the Maryland Court of Appeals determined that a party required to defend itself in litigation may recover those litigation costs under Maryland Rule 1-341, regardless of whether such ...
Continue reading "Case Update" »
Posted on Nov 8, 2013 By HMM
This decision, which stems from an appeal from the US District Court for the Southern District of Texas, involved the interplay between the Medicare Secondary Payer Statute (MSP), federal law, and ...
Continue reading "Case Update: The Interplay Between the Medicare Secondary Payer Statute and State Workers' Compensation Laws" »
Posted on Nov 1, 2013 By HMM
Dionne and Darryl Davis filed a lawsuit in Prince George's County alleging that Tania Martinez acted negligently, causing an automobile accident. Martinez tendered $20,000, representing her ...
Continue reading "Case Update- Insurance Carrier Must Be Disclosed to Jury When Carrier Is A Party To The Proceedings" »
Posted on Oct 25, 2013 By HMM
In this decision, the Court of Appeals reversed the trial court's denial of a motion to exclude expert testimony on the basis that it was not generally accepted by the medical and scientific ...
Continue reading "Case Update: MD Standard for Admissibility of Expert Testimony" »
Posted on Oct 18, 2013 By HMM
This decision, which stems from an appeal from the US District Court for the Southern District of Texas, involved the interplay between the Medicare Secondary Payer Statute (MSP), federal law, and ...
Continue reading "Case Update: The Medicare Secondary Payer Statute and State Workers' Compensation Laws" »
Posted on Oct 10, 2013 By HMM
This recent decision concerns an appeal from the Circuit Court of Prince George's County of its decision denying a Motion to Enforce Judgment. That appeal arose out of a third party claim filed by ...
Continue reading "Case Update: Insurer Not Obligated to Pay Underinsured Motorist Benefits When Workers' Compensation Lien Exceeds Judgment Balance" »
Posted on Oct 10, 2013 By HMM
In this recent decision, the Maryland Court of Special Appeals found that a tenant does not owe a common law duty to his/her landlord to protect rented property against unforeseeable criminal acts by ...
Continue reading "Case Update: Maryland Tenant Does Not Have a Duty to Protect Landlord's Property Against the Unforeseeable Criminal Actions of Third Parties." »
Posted on Aug 13, 2013 By HMM
Hoang Do. v. Liberty Insurance Corporation (Case No. 13-1063) This case arose out of a motor vehicle accident between two parties, one of which was both at fault and uninsured. Mr. Do filed a claim ...
Continue reading "U.S. Court of Appeals (4th Cir.) Finds No Duty of Good Faith Owed by Insurance Company to It's Insured Who Files an Uninsured Motorist Claim" »
Posted on Aug 13, 2013 By HMM
Clay v. Consol Pennsylvania Coal Co., LLC, et. al. , (U.S. District Court of the Northern District of West Virginia, July 18, 2013) The appeal arose out of an underlying lawsuit alleging racial ...
Continue reading "Civil Case Update" »
Posted on Aug 13, 2013 By HMM
This case involved a dispute regarding disability benefits. Under a policy of disability insurance, Mr. Curry was required to provide proof of ongoing disability in order to continue receiving ...
Continue reading "Curry v. Trustmark Ins. Co., (Maryland District Court, July 15, 2013)" »
Posted on Jul 16, 2013 By HMM
Please click on the following link for a detailed summary by Lance G. Montour, Esq., discussing the proposed procedural regulations most likely to impact employers and insurers involved in proceedings ...
Continue reading "Update: Workers' Compensation Commission Revises Procedural Regulations" »
Posted on Jul 12, 2013 By HMM
Swedo v. W.R. Grace & Co., et al., 65 A.3d 692 (Md. App. 2013) Prior well settled workers' compensation case law has allowed the Employer and Insurer in a workers' compensation claim to ...
Continue reading "New Case Update: Calculation of Employer and Insurer's Credit Upon Modification of a Compensation Award" »
Posted on Jul 12, 2013 By HMM
A 2007 amendment to Maryland workers' compensation law allowed dependents of certain public safety employees and firefighters to collect retirement benefits and workers' compensation benefits ...
Continue reading "New Case Update:" »
Posted on Mar 6, 2013 By HMM
Smith v. Johns Hopkins Cmty. Physicians, Inc. , 2013 Md. App. LEXIS (Md. Ct. Spec. App. Jan. 23, 2013). This case involved the question of whether a transfer to a legally proper, more convenient forum ...
Continue reading "Civil Case Update-When a Transfer of Venue is not an Abuse of Discretion" »
Posted on Jan 8, 2013 By HMM
Paul v. Delaware Landscape Constr., LLC, 2012 U.S. Dist. LEXIS 174077 (D. Md. Dec. 7, 2012). This case arose from an automobile accident between the Plaintiff and the Defendants Delaware Landscape ...
Continue reading "New Case Update-Federal Jurisdiction When Maryland Contact Insignificant" »