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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 December 21, 2012
in Legal News

Two day care workers recently pleaded guilty to criminal charges after forcing two of their toddler-aged students to engage in a fistfight.  Could they be held civilly liable for their 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 December 20, 2012
in Legal News

Earlier this month, a federal trial judge ruled that a hospital and surgery center could not be held liable for a surgeon’s alleged failure to obtain a patient’s informed consent prior to surgery.

Winning Only Half The Battle: Liability Without Damages

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 November 29, 2012
in Legal News

In a lead paint trial earlier this month, a Baltimore City jury found a defendant landlord negligent, but declined to award damages to the plaintiffs. 

A Crash Course in Distracted Driving

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 28, 2012
in Legal News

The National Highway Traffic Safety Administration describes distracted driving as a “dangerous epidemic on America’s roadways.”  Combating this epidemic are a group of Howard County high school students.

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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Buckle Up for Your Turkey Trot

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 19, 2012
in Legal News

Happy Thanksgiving!  And if you are traveling on the highway this holiday, be sure to buckle up.

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.

A Full and Final Release of (Almost) All Claims

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 22, 2012
in Insurance Claims

According to the Maryland Court of Special Appeals, an injured party’s execution of a Release of all claims may not bar a subsequent claim for underinsured motorist benefits against her own insurance company.

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.

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.

With an Injured Tot, a Release is Naught

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 24, 2012
in Litigation

Earlier this month, the Maryland Court of Special Appeals held that a parent may not legally bind his or her minor child to a pre-injury release of tort liability in favor of a commercial enterprise.

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.”

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.

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.

The Mysterious Flying Bus

Posted by Irwin R. Kramer
Irwin R. Kramer
A former professor of Evidence Law and Civil Procedure, Irwin Kramer continues to teach opposing counsel lesso...
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on April 24, 2012
in Auto Accident Law

If buses could fly, must I prove why before I have a case I can try?