Litigation Article Archives

Are Punitive Damages Available to Plaintiffs Involved in Motor Vehicle Accidents in Maryland?

January, 2024 | By Trevor F. Gee

The award of punitive damages in Maryland is exceptionally rare. In Maryland, the “purpose of punitive damages is…to punish the defendant for egregiously bad conduct toward the plaintiff, [and] also to deter the defendant and others contemplating similar behavior.” Owens–Corning v. Garrett, 343 Md. 500, 537–538, 682 A.2d 1143, 1161 (1996). Notably, “[a]warding punitive damages…

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Federal Circuit Court Invalidates Maryland Handgun Licensing Law Under New Supreme Court Test, Questions Constitutionality of Other Firearm Restrictions, Raising Potential Concerns for Maryland Businesses as Shooting Incidents Continue to Rise

| By Richard J. Medoff

In a recent published opinion in Maryland Shall Issue, Inc., et al. v. Wes Moore, in his capacity as Governor of Maryland, et al., No. 21-2017, 2023 WL 8043827 (4th Cir. Nov. 21, 2023), the United States Court of Appeals for the Fourth Circuit invalidated provisions from Maryland’s Firearm Safety Act of 2013 requiring a…

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Artificial Intelligence & The Law Stop Running … You Can’t Hide

| By Paul N. Farquharson

What started as a cautionary tale of woe a few short months ago has quickly turned into what appears to be the next must-have cutting edge technological tool for lawyers. By now, we have all likely heard the tale of Mata v. Avianca in which generative artificial intelligence was employed by one party in the…

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Does The Maryland Workers’ Compensation Act Prevent a Non-Dependent’s Claim for a Wrongful Death Suit Arising Out of a Workplace Injury? The Court Answers, Yes!

| By Anthony Benito Blanchfield-Felice

In Maryland, well-established precedent dictates that an employee filing a claim for personal injuries sustained during employment must pursue remedies through the Maryland Workers’ Compensation Act. Nevertheless, the Appellate Court of Maryland (formerly the Maryland Court of Special Appeals) recently examined whether third parties with a cause of action under the Maryland Wrongful Death Act…

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