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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 10, 2013
in Legal News

The Maryland General Assembly concluded its recent regular session without action on legislation to modify the Court of Appeals’ decision in Tracey v. Solesky holding that pit bulls are “inherently dangerous.”

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?

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.

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.

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.

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.

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.

Relevance of Doctor's Credentials (or lack thereof) in Malpractice Action

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 15, 2012
in Legal News

According to a recent court decision, a doctor's medical credentials may be relevant when he's on the witness stand -- but not when he's been sued for malpractice?

A Rush To Litigation: Football Concussion Suits

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 April 26, 2012
in Legal News

It seems that nearly everyday, a new lawsuit is filed against the National Football League by groups of former players who allege that they have suffered debilitating brain injuries as a result of the policies and practices of the NFL.

Road Rage Takes the Stage ... in Court

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 23, 2012
in Auto Accident Law

Accidents happen.  And, when they do, a negligence case can help you recover for pain and suffering, medical bills and other “compensatory damages.”  But, what if the collision wasn’t exactly an “accident”?  Can you get more?