Maryland's top court cannot switch, by rule, the standard for plaintiffs' recovery in personal injury cases where they were partially at fault, according to a draft report released Thursday by its rules committee. After reviewing how the vast majority of other states made the change from contributory negligence to comparative fault and analyzing the litany of related legal principles, the Standing Committee on Rules of Practice and Procedure seems poised to tell the Court of Appeals to make the change, if at all, by deciding a particular case.
... argument, Miles does not limit recovery to the remedies available under the Jones Act. Mil...] power to give damages for more than the injury received. Damages are designed not only as a satis..., if the seaman dies from the injury, the personal representative of the seaman may elect to bring a ...
State legislation to enable landlords and lead-poisoned residents of Baltimore to sue the pigment industry came under sharp attack Wednesday from a University of Maryland law professor, who questioned the constitutionality of providing a cause of action for victims in only one city. Defense attorneys also assailed the proposed Baltimore City Lead Poisoning Recovery Act, saying it would radically alter personal- injury law by suits against any lead-pigment manufacturer whose product was sold in Baltimore, without having to show that a specific company's product poisoned the victim or resulted in lost rent or abatement costs for the homeowner.
Appellate Practice: Judgments - Finality - Single Defendant Where a judgment in a personal injury case only listed one defendant when the plaintiff had sought recovery from three defendants, the judgment did not dispose of all parties to the action, so the appeal must be dismissed.
Pigment bill challenged at hearing State legislation to enable landlords and lead-poisoned residents of Baltimore to sue the pigment industry came under sharp attack Wednesday from a University of Maryland law professor, who questioned the constitutionality of providing a cause of action for victims in only one city. Defense attorneys also assailed the proposed Baltimore City Lead Poisoning Recovery Act, saying it would radically alter personal-injury law by suits against any lead- pigment manufacturer whose product was sold in Baltimore, without having to show that a specific company's product poisoned the victim or resulted in lost rent or abatement costs for the homeowner. The measure, House Bill 1156, is a scaled-down version of a similar bill Del. Samuel I. "Sandy" Rosenberg, D-Bal...
The US Court of Appeals for the Ninth Circuit failed to consider the linkage between personal injury and damages recovered in finding in Banks that funds received in settling a suit for breach of the duty of fair representation were excludible from income as personal injury damages. The settlement amount was determined based on lost and future wages, but there was no indication that the harm at issue resulted in the worker being out of work. The US Supreme Court ruled in Schleier that the recovery must be on account of a personal injury.
Defense attorneys should be aware the federal government can collect, under the Federal Medical Care Recovery Act and the Medicare Secondary Payer Statute, a percentage of damages awarded in personal injury cases. Counsel should calculate any funds that may be reimbursed to the government and ensure the court and plaintiff understand the implications of government claims. The government's right concerns litigation involving medical procedures partially or fully paid for with government funds.
Estimating a historical lost earnings basis in personal injury and wrongful death cases is a primary component of estimating the present value of lost earnings. It is important for the Forensic Economist to consider allowable earnings tax deductions and exclusions on the historical actual earnings, as both income and growth rate measures may be impacted. This paper identifies the effects of specific potential tax considerations, including expense deductions for automobile, travel, entertainment, meals and lodging, and manufacturer's deduction and cost recovery.
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