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The Defense Line Newsletter

Defense Line— June 2018

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Featured Articles

  • MDC’s 2018 Trial Academy
  • Intervening/Superseding Cause of Plaintiff’s Injury —
    A Viable Approach to Defending Medical Malpractice Cases at Trial?
  • Canary in the Coal Mine? Do Emerging Attorney General Data
    Breach Suits Against Equifax Threaten the Handsome Attorney’s Fees
    Anticipated by Plaintiffs’ Counsel
  • Corporate Depositions: The Wrong Time to Answer in the Form of a Question
  • A Window into the Benefits, Criticisms and Pitfalls
    of LEED Construction
  • Spotlights


  • Message from the President
  • Message from the Executive Board
  • Editor’s Corner
  • MDC 2017–2018 Programs
  • Sponsors


Defense Line—April 2018

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Featured Articles

  • MDC Legislative Summary ‘18
  • A Chat with the Chairman
  • Hearing Loss: A Hard and Unusual Hearing
  • Cannabis & Workers’ Compensation Law
  • Maryland’s Highest Court Restricts Plaintiff’s Choice of Venue:
    Univ. of Maryland Med. Sys. Corp. v. Kerrigan, 456 Md. 393, 174 A.3d 351 (2017)
  • Workers’ Comp Appeals — Choose Your Own Adventure!
  • Phlonda Peay v. Reginald Barnett, Lack of Personal Jurisdiction
  • May Allow Six Year Old Default Judgment to be Vacated
  • The Effect of Reger: When Does the LE §9-610 Offset Apply?
  • Duffy v. CBS Corporation: Maryland’s Highest Court Rules
    that the Statute of Repose does not retroactively apply to injuries arising before it was enacted and the cause of action for asbestos is the date of exposure, not discovery.
  • Subsequent Accidents In Light of Labonte
  • MDC’s Inaugural Awards Ceremony and Spring Dinner
  • Businesses Take Note: Updates to Maryland’s Data Breach Notification Law Took Effect
  • Average Weekly Wage Calculation Following the Wagstaff Decision
  • The Intersection Between the Workers’ Compensation Law & Child Support: RK Grounds Care, et al. v. Wilson
  • Spotlights
  • MDC 2017–2018 Programs


  • Message from the Executive Board
  • Editor’s Corner
  • Sponsors
Defense Line—March 2018

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Featured Articles

  • Maryland Healthy Working Families Act: Employer Best Practices to Avoid Traps for the Unwary
  • Debt Collection and Limitations on Collateral Attacks of Void Judgments
  • 10 LinkedIn Tips for Lawyers: Legal Marketing Online
  • Reasons Your Firm Needs a Social Media Policy
  • MDC’s First Deposition Bootcamp
  • Martaz Johnson v. State of Maryland: Maryland’s Highest Court Rules that No Expert Testimony Required to Explain GPS Technology


  • Message from the Executive Board
  • Editor’s Corner
  • New Members
  • Sponsors


Defense Line—Fall 2018

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Featured Articles

  • Yoga with a Hairdryer and Other Confessions of a Chronic Trial Attorney
  • Rochkind v. Stevenson — The End of Frye-Reed in Maryland?
  • Lunch & Learn with the Maryland Defense Counsel — What You Missed: Fall Edition
  • Noteworthy Bills to Be Heard By Senate Judicial Proceedings Committee


  • Message from the Executive Board
  • Editor’s Corner
  • New Members
  • Spotlights
  • Sponsors


Defense Line—Spring 2017

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Featured Articles


Defense Line—Spring 2016

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Featured Articles



Defense Line—Spring 2015

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Featured Articles



Defense Line—Spring 2014

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Featured Articles



Defense Line—Fall 2013

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Featured Articles



Defense Line—Fall 2012

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Featured Articles



Defense Line—Fall 2011

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Featured Articles



Defense Line—Winter 2011

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Featured Articles



Defense Line—Winter 2010

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  • Implications Of Praxair v. ATMI
  • President's Message
  • Editor’s Corner
  • Hospitals are Not the Insurer of Last Resort
  • The Infamous Mold “Expert,” Dr. Shoemaker, Finally Excluded in Maryland
  • Spotlights
  • Circuit Court for Anne Arundel County News
  • Standard for Determining an Appealable Workers’ Compensation Order
  • A Different Way of Doing Business
  • 2010 MDC Sponsors

Defense Line—Winter 2009

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  • Challenging Plaintiff’s Causation Theory
  • Editor’s Corner
  • Micro-Evaluations Anyone?
  • Spotlights
  • F&P Attorney Awarded State Trucking Honor
  • 2009 MDC Sponsors

Defense Line—Summer 2008

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  • UIM Insurers Lose Right to Contest Liability by Consenting to Underinsured Tortfeasor’s Carrier’s Settlement
  • Editor’s Corner
  • Litigating Liability Insurance Coverage
  • Attorneys Fees Incurred in Defending Insurance Policy Non-covered Claims: Who Pays?
  • Requiem for the Limitations Defense: Dove v. Montgomery County Board of Education, 943 A.2d 662 (2008)
  • Spotlights
  • 2008 MDC Sponsors

Defense Line—Fall 2007

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  • The New First Party Failure to Act in Good Faith Laws
  • President’s Message
  • Editor’s Corner
  • Court of Appeals Issues Decision Addressing Requirements for Legally Sufficient Plaintiff’s Certificate of Qualified Expert in Medical Malpractice Cases
  • Stacking of Liability Policies Permitted in Maryland
  • New Members
  • Neuroscience & Bio-Behavioral Technologies/2007 ASTAR National Judges’ Science School
  • Spotlights
  • The Daily Record's Leadership in Law 2007 Winners
  • 2007 MDC Sponsors

Defense Line—Spring 2007

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  • Undocumented Aliens: The Maryland Court of Appeals, The Commission and The Lagos Decision
  • President’s Message
  • Editor’s Corner
  • A Five-Year Restropective of Workers’ Compensation Practice in Maryland
  • New Members
  • MDC First Specialty Bar Association to Host ASTAR Symposium
  • Implied Indemnity Between Co-Defendants
  • Mutual v. Ackerman: Dwelling Policy Exclusion for Vandalism Does Not Include Arson
  • Rausch v. Allstate: Doctrine of Implied Co-Insureds Rejected
  • Maryland Appellate Courts Resist Temptation to Distinguish Commercial Policies
  • Recent Developments in “Claims-Made” Law
  • A Motion to Dismiss Without Prejudice, Filed on Behalf of a Minor, May Be Analyzed the Same as Any Other Voluntary Dismissal Motion
  • 2007 MDC Sponsors
  • Spotlights

Defense Line—Fall 2006

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  • Supervening Cause is Alive and Well
  • President’s Message
  • Editor’s Corner
  • Maryland Businesses Beware: New Department of Homeland Security Initiatives Make Employment of Illegal Aliens a “Bet the Company” Proposition
  • The Impact of USAA v. Riley on Lead Paint Litigation in Maryland
    What have Maryland’s ASTAR judges been thinking about?
  • New Members
  • Spotlights

Defense Line—Spring 2006

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  • If We’d Been Good at Science, Wouldn’t We Have M.D. Behind Our Names? MDC Participates in ASTAR
  • President’s Message
  • Editor’s Corner
  • Legal Malpractice
  • Appendix: Case Study Problems
    What have Maryland’s ASTAR judges been thinking about?
  • New Members
  • Maryland General Assembly Update
  • Spotlights

Defense Line—Fall 2005

Adobe PDF Fall 2005 »

  • Insurer-Insured Communications and the Scope of Maryland's Attorney-Client Privilege
  • President’s Message
  • Editor’s Corner
  • Young Lawyers: Assumption of the Risk: Winning a Summary Judgment Motion
  • Telemedicine: Friend or Foe of the Medical Profession?
  • Subpoenaing Medical Records: The Rules Are About to Change
    (2005 Md. Laws Ch. 503)
  • Spotlights: Workers Compensation Immunity Extended to Supervisory Employee of Special Employer
  • New Members
  • Spotlights
  • DRI Annual Meeting Insert

Defense Line—Winter 2005

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  • High Crimes or Misdemeanors: Avoiding Legal Brawls From Bar Room Brawls
  • President’s Message
  • Maryland Defense Counsel Civil Defense Project
  • Editor’s Corner
  • HIPAA: The Basics
  • New Members
  • Court of Appeals Clarifies Board of Education’s Duty to Defend Teachers
  • Maryland Court of Appeals’ Reverses $2.5 Million Award Based on Improper References to Race During Trial
  • Recent Decisions
  • Spotlights

Defense Line—Summer 2004

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  • Bozman v. Bozman:
    Abrogation of Interspousal Immunity and the Law of Res Judicata
  • President’s Message
  • United States Supreme Court Rules That State Tort Claims Arising From Denials of Health Insurance Benefits Are Preempted By ERISA
  • Editor’s Corner
  • Revised Uniform Arbitration Act Brings Changes
  • New Members
  • Recent Decisions
  • Spotlights

Defense Line—Winter 2004

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  • Mediation/Settlement Conferences: Reducing the Pain and Suffering in Tort Litigation
  • A is for Arbitration—a Primer
  • President's Message
  • HIPAA: The Basics
  • Editor’s Corner
  • General Right to Legal Counsel Is Not A Clear Mandate of Public Policy Sufficient to Abrogate Maryland’s Employment At-Will Doctrine
  • Don’t Forget Causation—It Can Save You
  • Executive Director’s Report
  • “Not Guilty” Verdict for Employees Precludes Employer Liability Under Doctrine of Respondeat Superior
  • Employer’s Reservation of Right to Unilaterally Modify Arbitration Agreement
    Renders Agreement Unenforceable
  • New Members
  • Spotlights

Spring 2003

Adobe PDF Spring 2003 »

  • Ex Parte Communications with Former Employees Under the Maryland Rules of Professional Conduct
  • Substituted Service not a Prerequisite to Court-Ordered "Nail and Mail" Under Rule 3-121(c)
  • Court of Appeals Clarifies What Type of Employees May File Claims Under State Wage Payment and Collection Law
  • Real Estate Brokers Not Liable Under Lead Paint and Consumer Protection Acts
  • Improper Storage of Handgun Defeats Products Liability Claim Against Manufacturer for Self-inflicted Shooting Death of Boy
  • Credit Limited to Benefits Paid or Payable by the Employer or Insurer
  • Corporate Officers and Directors not Vicariously Liable Under Lead Paint Act
  • Claimants Entitled to Reimbursement for Transportation To and From Health Care Provider
  • Prior License and Regional Advertisement Held Insufficient for Personal Jurisdiction
  • Discovery Abuse Can Lead to Dismissal of Claims Against a Discovering But Non-Moving Party
  • New Members


Spring 2001

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  • Defending Toxic Tort Cases in Maryland—A Primer
  • Court of Special Appeals Rejects "Wrongful Life" Claim
  • Franchisee's Alleged Defamatory Statements Protected by Qualified Privilege
  • Independent Insurance Agent/Broker Owes Fiduciary Duty to Insurance Company
  • Court Can Resolve Dispute over Property Interests of Religious Organization
  • Statute Requiring Parent to Support Destitute Adult Child Created No Cause of Action Against Tortfeasor
  • Parent-Child Immunity Held Inapplicable Where Claim is Insured and Defendant is Deceased
  • Accountant Liable to Third Party for Negligence Where Privity Equivalent Exists
  • Damages Limited Where Medical Records Introduced Under § 10–14
  • Expert Offered to Testify Regarding Defective Air Bag Must Have Specialized Knowledge


Fall 2000

Adobe PDF Fall 2000 »

  • Why Mediate?
  • Workers Must Show Harm Related to Occupation
  • Clergy-Patient Relationship Not "Officially Sanctioned" for Purpose of Emotional Distress Claim
  • Rule Enumerating Affirmative Defenses is Exclusive 
  • Failure to Specify Ground for Objection Results in Waiver
  • Motion in Limine Insufficient to Preserve Objection
  • Court Considers Meaning of "Wholly Dependent" in Connection with Continuing Receipt of Death Benefits
  • Corporate Officer Held Personally Liable for Corporation's Unpaid Sales Taxes
  • No Jury Right for Proceeding in Equity


Winter 1999

Adobe PDF Winter 1999 »

  • 2000 Litigation
  • Pre-Impact Fright Damages Held Recoverable
  • No Loss of Enjoyment of Life with Pre-Impact Fright
  • Affirmative Defenses Must be Pled to be Raised at Trial
  • Plain Error Doctrine Rejected in Civil Cases
  • Indemnification Barred by Any Active Negligence
  • Negligent Entrustment—Father Not Liable for Actions of Adult Daughter
  • SS5-107 Statute of Limitations Held Inapplicable in Administrative Proceedings
  • Ex Parte Contacts with Opposing Party's Former Employees
  • Worker's Comp. Awards Must be Based on Wage at Time of Injury
  • Enforcement of Settlement Agreements Require Full Evidentiary Hearing


Summer 1999

Adobe PDF Summer 1999 »

  • Plaintiff's Fault in Product Cases: Why are They Getting Away With It?
  • U.S. District Court Adopts Risk/Utility Test in Maryland Design Defect Cases
  • FRE 612: Discovery of Documents Used to Prepare Deponents
  • Showing of "Actual Malice" Required to Overcome Claim of Governmental Immunity
  • A Dismissed Alternate Juror Can be Substituted for a Regular Juror Before the Jury Begins Deliberating
  • "Reasonable Consumer" Standard Adopted for Deceptive Trade Practices
  • Tort Claims Act Limits Damages But Not Post-Judgement Interest
  • Workers' Comp—Offsets
  • Gun Retailer Lacks Civil Obligation to Person Killed by Stolen Handgun
  • Legislative Roundup—Summer 1999

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