Insights

Insurance Perils For Health Providers Using 3D-Printing Tech

November 2022 | By Paul N. Farquharson

Originally published by Law 360  A recent report has highlighted the burgeoning demand for medical polymers used in the 3D printing of medical devices. The report, issued by UnivDatos Market Insights, disclosed that the medical polymer market had a value of nearly $16 billion in 2020. The market is expected to grow at an annual compounded rate of at least 8% through 2027. Consequently, we can…

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Marijuana Is Legal in Your State, Do the Employer and Insurer Have to Pay for It?

October 2022 | By Barry D. Bernstein

Originally published in The Legal Intelligencer  Many injured employees believe that because marijuana is legal in their state, it means that the employer and insurer will have to pay for it. This is not correct.  The Controlled Substance Act is a federal law that prohibits the use of marijuana as a scheduled I controlled substance. Therefore, the question that needs to be decided is whether the federal…

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Maryland Federal Court Agrees European Public Limited-Liability Company Should be Treated Like a U.S. Corporation for Purposes of Diversity Jurisdiction

October 2022 | By Richard J. Medoff and Robert L. Hebb

In SNC-Lavalin Constructors Inc. v. Tokio Marine Kiln Insurance Limited, Certain Underwriters at Lloyd’s, Civ. Nos. GJH-19-873 and GJH-19-1510, 2021 WL 2550505 (D. Md. June 21, 2021), United States District Judge George J. Hazel, writing for the U.S. District Court for the District of Maryland, addressed the citizenship of a European Public Limited-Liability Company (Societas Europaea, abbreviated “SE”) – a relatively-new type of entity established under…

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Post-Repair Diminution in Value Claims: ‘Stigma Damages’ in Future Cases

August 2022 | By Stephen S. McCloskey and Thomas V. McCarron

Originally published in The Legal Intelligencer on August 16, 2022. The scope of an owner’s claims for damages in construction defect litigation against the general contractor and its subcontractors is often thought of as the costs of repair, plus any consequential damages such as lost profits or rents if not waived in the contract. But what about the ability of an owner to seek recovery…

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Maryland Court of Appeals Rules that Circumstantial Evidence is Sufficient to Authenticate Exemplar Evidence Procured Through Online Sales

July 2022

When there is a significant lapse in time or when a company decides to discontinue a particular product, it can be challenging for Plaintiffs in civil actions to substantiate a claim that a product caused their injury if they no longer have the item in their possession. In this event, Plaintiffs have relied on Maryland Rule 5-901 in order to admit an “exemplar” into evidence…

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Cocktail Hour…A Challenge to Baltimore City’s Hours of Operation Limitations

July 2022

For more information, contact Paul N. Farquharson.   H.B. No. 954, Gen. Assemb., Reg. Sess., Chapter 389 (Md. 2022) (hereinafter “Chapter 389”) — went into effect on July 1, 2020 restricting Class B-D-7 beer, wine, and liquor license holders (tavern operators) from operating their businesses at certain hours. The law required that these types of license holders only operate until 10 P.M., regardless of when…

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