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Humphreys, McLaughlin & McAleer, LLC

Blog Posts in 2013

Case Update

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 ...
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Case Update: Court Determines Claimant Is Not Entitled to Receive TTD Payments After Reaching Maximum Medical Improvement

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 ...
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Case Update

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 ...
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Case Update: The Interplay Between the Medicare Secondary Payer Statute and State Workers' Compensation Laws

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 ...
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Case Update- Insurance Carrier Must Be Disclosed to Jury When Carrier Is A Party To The Proceedings

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 ...
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Case Update: MD Standard for Admissibility of Expert Testimony

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 ...
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Case Update: The Medicare Secondary Payer Statute and State Workers' Compensation Laws

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 ...
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Case Update: Insurer Not Obligated to Pay Underinsured Motorist Benefits When Workers' Compensation Lien Exceeds Judgment Balance

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 ...
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Case Update: Maryland Tenant Does Not Have a Duty to Protect Landlord's Property Against the Unforeseeable Criminal Actions of Third Parties.

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 ...
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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

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 ...
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Civil Case Update

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 ...
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Curry v. Trustmark Ins. Co., (Maryland District Court, July 15, 2013)

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 ...
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Update: Workers' Compensation Commission Revises Procedural Regulations

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 ...
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New Case Update: Calculation of Employer and Insurer's Credit Upon Modification of a Compensation Award

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 ...
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New Case Update:

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 ...
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Civil Case Update-When a Transfer of Venue is not an Abuse of Discretion

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 ...
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New Case Update-Federal Jurisdiction When Maryland Contact Insignificant

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 ...
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