You know what’s funny about stuff you post on the internet? It’s public, and that means people can see it. This includes those you would rather not see it. For example, if you are a disability claimant, you may want to forego that chance to post a video on YouTube…
Articles Posted in Discovery
Defense Medical Exams Outside The State?
I have two cases where the same issue has recently popped up. Each of these cases is pending in a Maryland Circuit Court in what I would call the “D.C. Suburbs.” Specifically, Montgomery County and Frederick County. In each, the defense has selected a doctor or doctors to examine my…
Defense Requests for Medical Authorizations
One thing we are seeing defense attorneys do more and more is using a Md. Rule 2-422 Request for Production to try to get plaintiffs to sign authorization forms permitting the defense to access medical and other information without a subpoena. For them, it’s a more efficient (some might say…
Citing 50 year-old cases from trial courts that no longer exist is not persuasive
The most time-consuming part of getting any case ready for trial is discovery. This is the process of the two sides learning information about each other’s cases before trial. This is what the lawyers and clients spend their time doing for most of the year between when the case is…
Saving Expert Witnesses Who Faced or Faced Disciplinary Charges
There has been some controversy recently in the community of Maryland lawyers who handle personal injury and worker’s compensation claims when it comes to finding an expert who can testify to the plaintiff’s injuries in car accident cases. Sometimes, you have a doctor, often the treating doctor, who was at…
Florida Court Allows Financial Bias Discovery of Plaintiff’s Treating Physicians
Regular readers of this blog (Hi, Mom!) will probably remember that cross-examining defense medical experts on the issue of financial interest bias is a topic that I have discussed several times. That is because our lawyers believe that when an expert has a financial interest bias, that it is of…
The Case for Videoconferencing?
Technology wise, the law has always lagged behind the rest of the world. (Boy, we are feeling this with the coronavirus now in 2020!) A few months ago, I tried a case in Montgomery County Circuit and got a great verdict. Shortly afterward, I received the defendant’s motion for a…
Use Requests for Admission to Simplify Your Proof in UM Cases
Uninsured/underinsured motorist cases are probably the most complicated kind of car accident cases you will see. These cases are called “hybrid” actions because they combine contract and tort law. You have the underlying tort case against the negligent driver, along with a contract cause of action against the UM carrier.…
How Not to Object at a Deposition
Law blogs are full of “how to’s” on deposition techniques. Do a quick search and you will find tons of hints of all kinds. You can find checklists, tips for client preparation, or articles on effectively using exhibits. I’ve written some things like that myself. But today I have a…
Maryland General Assembly Passes Jury Trial Bill
Last night, the Maryland General Assembly passed a bill to put a constitutional amendment on the ballot in November raising the jury prayer amount in civil cases. Currently, in any civil case filed seeking more than $10,000.00, the defendant has a right to a jury trial. This provision does not…