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Punishing an Employer for the Acts of a Dishonest Employee

Posted by James M. Connolly
James M. Connolly
Jim Connolly has applied his understanding of complex litigation, insurance claims and real estate transaction...
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on December 4, 2012
in Legal News

May punitive damages be entered against an employer whose employee engaged in dishonest acts?  In the view of the Maryland Court of Appeals, if the employee acted within the scope of his employment when he did so, the answer is – Yes.

CAUTION: Student Driver | CAUTION: Careless Driving Instructor

Posted by James M. Connolly
James M. Connolly
Jim Connolly has applied his understanding of complex litigation, insurance claims and real estate transaction...
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on November 27, 2012
in Auto Accident Law

While with his driving instructor, a student driver is involved in an auto accident.  May the driving instructor be responsible?  In Maryland, the answer is found in the 1970 decision of Greenway v. Graft.

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Sovereign Immunity Rides DC Metro

Posted by James M. Connolly
James M. Connolly
Jim Connolly has applied his understanding of complex litigation, insurance claims and real estate transaction...
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on November 14, 2012
in Slip and Fall Cases

While you might expect the phrase “sovereign immunity” to live in the palaces of kings and queens, you may be surprised to learn that this ancient royal doctrine also rides DC Metro.

No Recourse for Subway Slip and Falls

Posted by Joseph G. Cleaver
Joseph G. Cleaver
As a trial associate at Kramer & Connolly, Mr. Cleaver briefed and argued motions and tried cases throughout M...
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on October 30, 2012
in Slip and Fall Cases

The Maryland Court of Appeals holds that the Washington Metropolitan Area Transit Authority is entitled to immunity from tort claims arising out of its maintenance decisions.

Assumption of the Risk and Contributory Negligence: Separate and Distinct Defenses in Personal Injury Actions

Posted by James M. Connolly
James M. Connolly
Jim Connolly has applied his understanding of complex litigation, insurance claims and real estate transaction...
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on October 9, 2012
in Insurance Claims

Where evidence exists to generate both defenses, a jury must have the opportunity on a verdict sheet to consider these separate and distinct defenses.

Applying Maryland’s Cap on Non-Economic Damages in Survival and Wrongful Death Actions

Posted by Joseph G. Cleaver
Joseph G. Cleaver
As a trial associate at Kramer & Connolly, Mr. Cleaver briefed and argued motions and tried cases throughout M...
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on September 28, 2012
in Wrongful Death Cases

Last month, the Court of Special Appeals rejected a tortfeasor’s argument that damages awarded in a survival action and in a wrongful death action should be aggregated before Maryland’s non-economic damages cap is applied.

After 165 Years, 1% May No Longer Bar Claim

Posted by Joseph G. Cleaver
Joseph G. Cleaver
As a trial associate at Kramer & Connolly, Mr. Cleaver briefed and argued motions and tried cases throughout M...
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on September 26, 2012
in Litigation

Presently, Maryland is one of only five “contributory negligence” states, meaning that in a negligence action, a plaintiff who was in any way negligent is barred from recovery, even when the plaintiff was only “1% negligent.”  That may soon change.

In a Personal Injury Case, When Is a Danger So Obvious as to Bar Recovery?

Posted by James M. Connolly
James M. Connolly
Jim Connolly has applied his understanding of complex litigation, insurance claims and real estate transaction...
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on September 26, 2012
in Auto Accident Law

"I wish I had an answer to that because I'm tired of answering that question." – Yogi Berra.

Pit Bull Legislation in the Dog Days of August?

Posted by James M. Connolly
James M. Connolly
Jim Connolly has applied his understanding of complex litigation, insurance claims and real estate transaction...
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on June 22, 2012
in Legal News

If every dog has its day, pit bull owners wonder when the Maryland General Assembly will consider legislation to overturn the Court of Appeals’ decision declaring the breed “inherently dangerous.”

Court of Appeals Allows Maryland Dream Act Referendum to Proceed

Posted by James M. Connolly
James M. Connolly
Jim Connolly has applied his understanding of complex litigation, insurance claims and real estate transaction...
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on June 14, 2012
in Legal News

Affirming the decision of Judge Ronald Silkworth of the Circuit Court for Anne Arundel County, Maryland’s highest Court ordered yesterday that the Maryland Dream Act should proceed to referendum in November.

Court of Appeals Considers Challenge to the Maryland Dream Act

Posted by James M. Connolly
James M. Connolly
Jim Connolly has applied his understanding of complex litigation, insurance claims and real estate transaction...
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on June 9, 2012
in Legal News

Before voters can decide the fate of Maryland's Dream Act, the Court of Appeals must decide whether voters can decide in the first place.

The Pit Bully Pulpit: Legislators Create a Dog Day Task Force

Posted by James M. Connolly
James M. Connolly
Jim Connolly has applied his understanding of complex litigation, insurance claims and real estate transaction...
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on June 5, 2012
in Legal News

Believing that the Court of Appeals barked up the wrong tree in declaring pit bulls to be "inherently dangerous," legislative leaders have formed a task force to find ways around the controversial decision.

Jurors Must Know That The Law Is The Law

Posted by Joseph G. Cleaver
Joseph G. Cleaver
As a trial associate at Kramer & Connolly, Mr. Cleaver briefed and argued motions and tried cases throughout M...
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on June 2, 2012
in Legal News

“Juries decide facts, Judges decide law” seems so basic, it is hard to believe that up until 1980, Maryland juries were told otherwise.   

Strict Liability for Pit Bull Attacks: A Doggone Shame?

Posted by James M. Connolly
James M. Connolly
Jim Connolly has applied his understanding of complex litigation, insurance claims and real estate transaction...
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on April 26, 2012
in Legal News

In an opinion sure to infuriate pit bull owners and scare landlords, Maryland’s highest court has made owning pit bulls the equivalent of possessing canine TNT.