www.CharlesJeromeWare.com
www.HarrahsNewOrleans.com
Please join us in New Orleans for our Seafood Bowl (February 2nd) and Super Bowl (February 3rd) 2013 celebrations at Harrad's New Orleans. Both events in the evening. New Orleans Partners total rewards apply.
Charles Jerome Ware, P.A., Attorneys and Counsellors, is a national general practice law firm committed to achieving innovative and successful results. The firm's motto is: "Still working. Still committed. Still here to make a difference."
Thursday, January 31, 2013
Wednesday, January 30, 2013
FEDERAL TRADE COMMISSION (FTC) "CLIENT ALERTS" By Attorney Charles Jerome Ware
www.CharlesJeromeWare.com
Attorney Charles Jerome Ware formerly served as Special Legal and Microeconomic Counsel to the Chairman of the Federal Trade Commission. Prior to that he held the position of Senior Assistant to the Director of the FTC's Bureau of Competition in Washington, D.C.
(1) January 30, 2013:
(2) January 30, 2013:
The First of Its Kind, FTC Study Shines a Light on the Debt Buying Industry, Finds Consumers Would Benefit from Use of Better Data in Debt Collection
The Federal Trade Commission today announced the results of the first empirical study of debt buyers – companies that are in the business of buying consumer debts and trying to collect on them.
(3) January 30, 2013:
Settlement with FTC Bans Sellers of Alleged Fraudulent Auto Loan Modifications from Marketing Debt Relief Services
"Auto Debt Consulting" Operation Permanently Halted
(4) January 30, 2013:
FTC Sends $7.4 Million in Refunds to Consumers Harmed by Scheme That Sold Allegedly Bogus 'Platinum' Credit Card
On January 16, 2013, the Federal Trade Commission mailed 70,511 refund checks to consumers who lost money to a scheme that allegedly sold bogus “platinum” credit cards and illegally debited consumers’ bank accounts.
(5) January 28, 2013:
FTC Action Leads Court to Halt Alleged Pyramid Scheme
FHTM Promoted Itself as a Path to Financial Independence, But Most People Made Little or No Money
(6) January 28, 2013:
FTC Announces Action Against Alleged Pyramid Scheme
The Federal Trade Commission will co-host a press conference in Lexington, KY, today at 1 p.m. ET (Noon Central Time), with the Kentucky Attorney General’s office, to announce a major action against an allegedly illegal pyramid scheme.
(7) January 28, 2013:
FTC Brings Seventh Action in Three Months Against Debt Relief Companies
Tampa Telemarketers Alleged to Have Falsely Promised To Save Consumers Thousands on Credit Card Debt
(8) January 28, 2013
Cord Blood Bank Settles FTC Charges that it Failed to Protect Consumers’ Sensitive Personal Information
Security Breach Allegedly Exposed Nearly 300,000 Consumers’ Information
[www.ftc.gov; FTC Mission: "To prevent business practices that are anticompetitive, deceptive, or unfair to consumers"]
Attorney Charles Jerome Ware formerly served as Special Legal and Microeconomic Counsel to the Chairman of the Federal Trade Commission. Prior to that he held the position of Senior Assistant to the Director of the FTC's Bureau of Competition in Washington, D.C.
(1) January 30, 2013:
FTC/DOJ Amicus Brief Supports Right of Private Parties to Pursue Relief Under the Antitrust Laws
The staff of the Federal Trade Commission has joined the U.S. Department of Justice (DOJ) in filing an amicus brief with the U.S. Supreme Court concerning the right of private parties to pursue relief under the antitrust laws.
The First of Its Kind, FTC Study Shines a Light on the Debt Buying Industry, Finds Consumers Would Benefit from Use of Better Data in Debt Collection
The Federal Trade Commission today announced the results of the first empirical study of debt buyers – companies that are in the business of buying consumer debts and trying to collect on them.
(3) January 30, 2013:
Settlement with FTC Bans Sellers of Alleged Fraudulent Auto Loan Modifications from Marketing Debt Relief Services
"Auto Debt Consulting" Operation Permanently Halted
(4) January 30, 2013:
FTC Sends $7.4 Million in Refunds to Consumers Harmed by Scheme That Sold Allegedly Bogus 'Platinum' Credit Card
On January 16, 2013, the Federal Trade Commission mailed 70,511 refund checks to consumers who lost money to a scheme that allegedly sold bogus “platinum” credit cards and illegally debited consumers’ bank accounts.
(5) January 28, 2013:
FTC Action Leads Court to Halt Alleged Pyramid Scheme
FHTM Promoted Itself as a Path to Financial Independence, But Most People Made Little or No Money
(6) January 28, 2013:
FTC Announces Action Against Alleged Pyramid Scheme
The Federal Trade Commission will co-host a press conference in Lexington, KY, today at 1 p.m. ET (Noon Central Time), with the Kentucky Attorney General’s office, to announce a major action against an allegedly illegal pyramid scheme.
(7) January 28, 2013:
FTC Brings Seventh Action in Three Months Against Debt Relief Companies
Tampa Telemarketers Alleged to Have Falsely Promised To Save Consumers Thousands on Credit Card Debt
(8) January 28, 2013
Cord Blood Bank Settles FTC Charges that it Failed to Protect Consumers’ Sensitive Personal Information
Security Breach Allegedly Exposed Nearly 300,000 Consumers’ Information
[www.ftc.gov; FTC Mission: "To prevent business practices that are anticompetitive, deceptive, or unfair to consumers"]
CLIENT UPDATE -- DEEPAK CHOPRA, MD: from Charles Jerome Ware, P.A., Attorneys and Counsellors
www.CharlesJeromeWare.com
Deepak Chopra, MD: January 29, 2013: "Where I Work: The Office As An Extension of Myself" -- Your work is an act of worship; and that's why both of my main headquarters embody the principles of healing.
The two places that we have created, one for healing, education and research and the second, for thought leadership and love in action esthetically portray these motifs.
Deepak Chopra, MD is the author of more than 70 books with twenty-one New York Times bestsellers and co-author with Rudolph Tanzi of Super Brain: Unleashing the Explosive Power of Your Mind to Maximize Health, Happiness, and Spiritual Well-being. (Harmony)
[www.linkedin.com/today/post/article/ Deepak Chopra, MD (Official)/20130129; Courtesy of the Chopra Center and Deepak Homebase]
Charles Jerome Ware is president of the national law firm Charles Jerome Ware, P.A., Attorneys and Counselors. He is a renowned trial attorney, with several celebrity clients and numerous successful cases to his credit. Headquartered in nearby Columbia, Maryland, and with multiple offices throughout the country, the firm specializes in complex civil and criminal litigation, and catastrophic injury, wrongful death and class action lawsuits
Ware is a former federal administrative law judge, and he was the youngest immigration judge in the history of the U.S. Additionally, he has served as chief legal and antitrust counsel to the chairman of the U.S. Federal Trade Commission, assistant U.S. Attorney for Maryland and the Eastern District of Virginia, and senior trial attorney in both the antitrust and criminal divisions of the U.S. Department of Justice, as well as executive vice president and general counsel for St. Paul's College, among other positions.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, The Howard County Sun, The Anniston Star, The New York Times, et al.]
Deepak Chopra, MD: January 29, 2013: "Where I Work: The Office As An Extension of Myself" -- Your work is an act of worship; and that's why both of my main headquarters embody the principles of healing.
The two places that we have created, one for healing, education and research and the second, for thought leadership and love in action esthetically portray these motifs.
Deepak Chopra, MD is the author of more than 70 books with twenty-one New York Times bestsellers and co-author with Rudolph Tanzi of Super Brain: Unleashing the Explosive Power of Your Mind to Maximize Health, Happiness, and Spiritual Well-being. (Harmony)
[www.linkedin.com/today/post/article/ Deepak Chopra, MD (Official)/20130129; Courtesy of the Chopra Center and Deepak Homebase]
Charles Jerome Ware is president of the national law firm Charles Jerome Ware, P.A., Attorneys and Counselors. He is a renowned trial attorney, with several celebrity clients and numerous successful cases to his credit. Headquartered in nearby Columbia, Maryland, and with multiple offices throughout the country, the firm specializes in complex civil and criminal litigation, and catastrophic injury, wrongful death and class action lawsuits
Ware is a former federal administrative law judge, and he was the youngest immigration judge in the history of the U.S. Additionally, he has served as chief legal and antitrust counsel to the chairman of the U.S. Federal Trade Commission, assistant U.S. Attorney for Maryland and the Eastern District of Virginia, and senior trial attorney in both the antitrust and criminal divisions of the U.S. Department of Justice, as well as executive vice president and general counsel for St. Paul's College, among other positions.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, The Howard County Sun, The Anniston Star, The New York Times, et al.]
Ware is a widely acclaimed expert legal commentator who, for eight years in the 1990s hosted the extremely popular legal advice radio program "The Lawyer's Mailbox": the Number One (#1) legal advice radio program in the Mid-Atlantic States, on WEAA-88.9 FM, Morgan State University Radio in Baltimore, Maryland.
Tuesday, January 29, 2013
MARYLAND WRONGFUL DEATH AND SERIOUS INJURY WAREHOUSE: "HARVARD" --- Helpful, Accomplished, Reliable, Veracious, Able, Reliable and Dependable Attorneys & Counsellors
www.CharlesJeromeWare.com
The national wrongful death and serious injury law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is regarded as a leader in the areas of personal injury, survivorship, and wrongful death actions in the mid-Atlantic region --- including Maryland, Washington, D.C., Pennsylvania, Delaware, New Jersey and Virginia.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
[See generally, G. Calabresi, "The Cost of Accidents: A Legal and Economic Analysis" (1970); "Law, Economics, and Philosophy: A Critical Introduction, with Applications to the law of Torts (M. Kuperberg & C. Beitz, ed. 1983]
In Maryland, permissible wrongful death beneficiaries include the wife, husband, parents and child of the deceased [see, Maryland Cts. & Jud. Proc. Art., Annot. Code, Sect. 3-904 (2005)].
Serious or severe injuries can have life-long and life-altering ramifications for victims.
In 2009, there were 512,925 injury-related hospital Emergency Department (ED) visits by injured persons, 60,451 injury-related hospital discharges, and 3,474 injury-related deaths in Maryland. These cases incurred injury-related deaths in Maryland. These cases incurred over $227 million in ED charges and $85 million in hospitalization charges. There were 9,000 injury-related ED visits per 100,000 Maryland resident in the year 2009.
There were 1,060.6 injury-related hospital discharges per 100,000 Maryland residents, and the state's injury-relate death rate was 61 per 100,000, in 2009.
Statistically, men in Maryland were more likely than women to suffer a fatal injury in 2009.
Overall, the leading causes of injury-related ED visits in Maryland in 2009 were: (1) falls, (2) being struck by a person or object, and (3) motor vehicle traffic incidents.
Generally, the leading causes of injury-related hospitalization were: (1)falls, (2) poisoning, and (3) motor vehicle traffic accidents.
Finally, the leading causes of injury-related deaths in Maryland in 2009 were: (1) poisoning, (2) motor vehicle related incidents, and (3) firearms.
["Injuries in Maryland - 2009 Statistics on Injury-Related Emergency Department Visits, Hospitalizations and Deaths," October 2011, Center for Health Promotion and Education, Family Health Administration, Maryland Department of Health and Mental Hygiene (MDHMH); www.nlm.nih.gov/medlineplus/Injuries]
The national wrongful death and serious injury law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is regarded as a leader in the areas of personal injury, survivorship, and wrongful death actions in the mid-Atlantic region --- including Maryland, Washington, D.C., Pennsylvania, Delaware, New Jersey and Virginia.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
[See generally, G. Calabresi, "The Cost of Accidents: A Legal and Economic Analysis" (1970); "Law, Economics, and Philosophy: A Critical Introduction, with Applications to the law of Torts (M. Kuperberg & C. Beitz, ed. 1983]
In Maryland, permissible wrongful death beneficiaries include the wife, husband, parents and child of the deceased [see, Maryland Cts. & Jud. Proc. Art., Annot. Code, Sect. 3-904 (2005)].
Maryland Statistics
Serious or severe injuries can have life-long and life-altering ramifications for victims.
In 2009, there were 512,925 injury-related hospital Emergency Department (ED) visits by injured persons, 60,451 injury-related hospital discharges, and 3,474 injury-related deaths in Maryland. These cases incurred injury-related deaths in Maryland. These cases incurred over $227 million in ED charges and $85 million in hospitalization charges. There were 9,000 injury-related ED visits per 100,000 Maryland resident in the year 2009.
There were 1,060.6 injury-related hospital discharges per 100,000 Maryland residents, and the state's injury-relate death rate was 61 per 100,000, in 2009.
Statistically, men in Maryland were more likely than women to suffer a fatal injury in 2009.
Overall, the leading causes of injury-related ED visits in Maryland in 2009 were: (1) falls, (2) being struck by a person or object, and (3) motor vehicle traffic incidents.
Generally, the leading causes of injury-related hospitalization were: (1)falls, (2) poisoning, and (3) motor vehicle traffic accidents.
Finally, the leading causes of injury-related deaths in Maryland in 2009 were: (1) poisoning, (2) motor vehicle related incidents, and (3) firearms.
["Injuries in Maryland - 2009 Statistics on Injury-Related Emergency Department Visits, Hospitalizations and Deaths," October 2011, Center for Health Promotion and Education, Family Health Administration, Maryland Department of Health and Mental Hygiene (MDHMH); www.nlm.nih.gov/medlineplus/Injuries]
IMMIGRATION NEWS TODAY!!!: By Attorney Charles Jerome Ware.
www.charlesjeromeware.com (Former Immigration Judge)
(1) The Family Reunification Act: On January 2nd, 2013, President Obama ruled that thousands of Hispanic and other foreign spouses and children who are in the U.S. illegally can stay with their U.S. citizen family members while applying for green cards.
LAW / LEGAL EDUCATION
An Immigration Paradox develops when American immigration policy is subjected to Government benign neglect. Additionally, although frequently used by many in the public, the word “illegal” is technically not recognized as a legal term in American immigration law as it applies to people. Surprised? Read further.
Immigration has always been a controversial, complex, and very important issue historically in American public policy. In fact, the historic and fundamental importance of immigration in American culture, in combination with the increasing controversy and inevitably complexities involving it, has created inevitable the above-referenced immigration paradox. This book presents an overview of American immigration history, trends, policies and practices, and addresses the “paradox” issue from the perspective of a former United States Immigration Judge. Nothing written in this book is intended or designed in any way to diminish, malign, or disparage any person, group, country, organization, institution, or people. This important book contains “Fifteen (15) Tips for Winning Immigration Cases.”
Charles Ware is a former United States Judge. He is currently a principal in the national general practice law firm of Charles Jerome Ware, Attorneys & Counsellors. He has published and spoken publicly numerous times on various legal topics. His previous legal book published by iUniverse in 2008, "Understanding the Law: A Primer," has been well-received by readers. He is a former college administrator and university law professor. Charles Ware has been featured on his own number one legal advice radio program, as well as numerous other television and radio shows. He lives in Columbia, Maryland with his wife Fran, and his daughter Lucinda-Marie.
(1) The Family Reunification Act: On January 2nd, 2013, President Obama ruled that thousands of Hispanic and other foreign spouses and children who are in the U.S. illegally can stay with their U.S. citizen family members while applying for green cards.
LAW / LEGAL EDUCATION
An Immigration Paradox develops when American immigration policy is subjected to Government benign neglect. Additionally, although frequently used by many in the public, the word “illegal” is technically not recognized as a legal term in American immigration law as it applies to people. Surprised? Read further.
Immigration has always been a controversial, complex, and very important issue historically in American public policy. In fact, the historic and fundamental importance of immigration in American culture, in combination with the increasing controversy and inevitably complexities involving it, has created inevitable the above-referenced immigration paradox. This book presents an overview of American immigration history, trends, policies and practices, and addresses the “paradox” issue from the perspective of a former United States Immigration Judge. Nothing written in this book is intended or designed in any way to diminish, malign, or disparage any person, group, country, organization, institution, or people. This important book contains “Fifteen (15) Tips for Winning Immigration Cases.”
Charles Ware is a former United States Judge. He is currently a principal in the national general practice law firm of Charles Jerome Ware, Attorneys & Counsellors. He has published and spoken publicly numerous times on various legal topics. His previous legal book published by iUniverse in 2008, "Understanding the Law: A Primer," has been well-received by readers. He is a former college administrator and university law professor. Charles Ware has been featured on his own number one legal advice radio program, as well as numerous other television and radio shows. He lives in Columbia, Maryland with his wife Fran, and his daughter Lucinda-Marie.
NOTICIAS DE INMIGRACION HOY:!
Por Fiscal Charles Jerome Ware.
www.charlesjeromeware.com (Ex Juez de Inmigración).
(1) La Ley de Reunificación Familiar: El 2 de enero de 2013, el Presidente Obama dictaminó que miles de cónyuges extranjeros hispanos y otros y los ninos que se encuentran en los EE.UU. ilegalmente puede puede permanecer con sus familiares ciudadanos estadounidenses al solicitar tarjetas verdes.
www.charlesjeromeware.com (Ex Juez de Inmigración).
(1) La Ley de Reunificación Familiar: El 2 de enero de 2013, el Presidente Obama dictaminó que miles de cónyuges extranjeros hispanos y otros y los ninos que se encuentran en los EE.UU. ilegalmente puede puede permanecer con sus familiares ciudadanos estadounidenses al solicitar tarjetas verdes.
QUINCE (15) CONSEJOS PARA GANAR CASOS DE INMIGRACION
Extractos del libro más vendido de inmigración,
“LA PARADOJA DE LA INMIGRACION: Quince (15) Consejos para Ganar Casos de Inmigración”
Por
Abogado Charles Jerome Ware
Ex Juez de Inmigración de Estados Unidos
MARYLAND MEDICAL MISTAKES (MMM): Charles Jerome Ware, P.A.
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, presents this blog as a public service. The motto for this award-winning law firm is: "Still working. Still committed. Still here to make a difference."
Our attorneys are committed to achieving innovative and positive results for our clients.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
[see, Chapter Two, "Medical Malpractice", Legal Consumer Tips and Secrets, by Charles Jerome Ware, iUniverse (2011); "The Four Elements of Medical Malpractice", Yale University Medical Center: Issues in Risk Management, info.med.yale.edu (1997); "Changing the Malpractice System", by Clive E. Reinhardt, The New York Times, October 1, 2010; "The Facts About Medical Malpractice in Maryland", Public Citizen Congress Watch, Rev. January 2004; "Notes from the Chair of the Board", newsletter of the Medical Mutual Liability Insurance Society of Maryland, October 2002; "28% Rise Sought to Insure Doctors", Greg Garland, Baltimore Sun, June 28, 2003; "Medical Reform Locked in Fight", Stephanie Desmon, Baltimore Sun, March 17, 2003]
A wrongful death action brought by the decedent’s dependents must be filed within three years after death [Md. Code Ann., Cts. & Jud. Proc. § 3-904 (1995)]. This statute applies to a wrongful death action brought on a medical malpractice theory, while § 5-109 applies to a survival action brought by the decedent’s estate [Geisz v. Greater Baltimore Medical Center, 313 Md. 301, 545 A.2d 658 (1988)].
Our attorneys are committed to achieving innovative and positive results for our clients.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
MARYLAND MEDICAL MALPRACTICE WAREHOUSE
[see, Chapter Two, "Medical Malpractice", Legal Consumer Tips and Secrets, by Charles Jerome Ware, iUniverse (2011); "The Four Elements of Medical Malpractice", Yale University Medical Center: Issues in Risk Management, info.med.yale.edu (1997); "Changing the Malpractice System", by Clive E. Reinhardt, The New York Times, October 1, 2010; "The Facts About Medical Malpractice in Maryland", Public Citizen Congress Watch, Rev. January 2004; "Notes from the Chair of the Board", newsletter of the Medical Mutual Liability Insurance Society of Maryland, October 2002; "28% Rise Sought to Insure Doctors", Greg Garland, Baltimore Sun, June 28, 2003; "Medical Reform Locked in Fight", Stephanie Desmon, Baltimore Sun, March 17, 2003]
STATUTE OF LIMITATIONS
Generally, in Maryland any medical malpractice action must be filed either within five (5) years from the date when the injury was committed or three (3) years from the date when the injury was first discovered, whichever is earlier [Md. Code Ann., Cts. & Jud. Proc. § 5-109 (1995)]. Against a minor, the statute does not begin to run until a claimant has reached the age of eleven, and if the action involves a foreign object or injury to the reproductive system, the statute does not begin to run until the claimant is sixteen. Id. Maryland’s highest court has held that the five-year part of the statute is not measured from the date treatment ends and does not violate the state constitution [Hill v. Fitzgerald, 304 Md. 689, 501 A.2d 27 (1985)].
CONTRIBUTORY OR COMPARATIVE NEGLIGENCE
Maryland is one of the few remaining states that recognizes the traditional common law doctrine of contributory negligence. [Harrison v. Montgomery County Bd. of Ed., 295 Md. 442, 456 A.2d 894 (1983)]. Thus, any negligence by a claimant may bar his recovery completely.
Maryland imposes a limit on recoverable non-economic damages for any personal injury cause of action for medical malpractice accruing after July 1, 1986. Md. Code Ann., Cts. & Jud. Proc. § 11-108 (Supp. 1997). The limit was originally $350,000, but for causes of actions arising on or after October 1, 1994, the limit has been increased to $500,000. Id. Beginning October 1, 1995, and every October 1 thereafter, the limit on non-economic damages is increased by $15,000. Id. Non-economic damages include pain and suffering, inconvenience, physical impairment, disfigurement, loss of consortium, and other non-pecuniary damages, but not punitive damages. Id. The damage cap applies to each “direct victim” of the tort and all those claiming injury by or through him [Id.; Oaks v. Connors, 339 Md. 24, 660 A.2d 423 (1995) (a single cap applies to the injured person’s claim and the spouse’s consortium claim). This statute does not violate Maryland’s constitution. Murphy v. Edmonds, 325 Md. 342, 601 A.2d 102 (1992)].
Prior to the 1994 amendment, the statute had been held not to apply to wrongful death cases [United States v. Streidel, 329 Md. 533, 620 A.2d 905 (1993). However, the statute now provides that the cap applies to wrongful death, and that the total recovery of all beneficiaries in a wrongful death case cannot exceed 150 percent of the cap. Md. Code Ann., Cts. & Jud. Proc. § 11-108 (Supp. 1997)].
Medical Malpractice Cap
____________________________________________________
[see, www.millerandzois.com/maryland-medical-malpractice-cap]
[No attorney-client relationship is established with anyone merely through this abovereferenced blog and/or information. Always seek personal professional advice and consultation].
Periodic Payments of Damages
Maryland courts and arbitration panels are afforded the power to order that future damages be paid in the form of periodic payments, subject to adequate security [Md. Code Ann., Cts. & Jud. Proc. § 11-109 (1995)]. Upon the death of a claimant receiving periodic payments, the unpaid balance for future medical expenses reverts to the defendant. Id.
The liability of any local government in Maryland is capped at $200,000 per claim and $500,000 per occurrence. Md. Code Ann., Cts. & Jud. Proc. § 5-303 (Supp. 1997). Local governments are immune from liability for punitive damages. Id. The purchase of liability insurance does not waive the entity’s immunity [See Quecedo v. Montgomery County, 264 Md. 590, 287 A.2d 257 (1972) (holding that in the absence of statute to the contrary, a county that maintains liability insurance does not waive its immunity)].
MARYLAND MEDICAL MALPRACTICE WAREHOUSE
EXPERT TESTIMONY
Expert testimony is required in all successful Maryland medical malpractice cases. Maryland Code, § 3-2A-04 of the Courts & Judicial Proceedings Article (CJP), requires a person who wishes to pursue a claim against a health care provider for damages due to medical injury to file the claim with the Director of the Health Claims Arbitration Office.
JOINT AND SEVERAL LIABILITY
In Maryland, joint tortfeasors are jointly and severally liable; each must assume and bear the responsibility for the misconduct of all [Carroll v. Kerrigen, 173 Md. 627, 197 A. 127 (1938); Cooper v. Bikle, 334 Md. 608, 640 A.2d 1120 (1994)].
CONTRIBUTION
In Maryland a joint tortfeasor who pays more than his pro rata share has a right of contribution against other joint tortfeasors whose liability was extinguished by the judgment or settlement and who have not paid their pro rata share. Md. Code Ann., Cts. & Jud. Proc. § 3-1402 (Supp. 1997). The tortfeasors’ pro rata shares are determined by dividing the judgment equally among the tortfeasors [Lahocki v. Contee Sand & Travel Co., 41 Md. App. 579, 398 A.2d 490 (Ct. Spec. App. 1979), rev’d on other grounds sub nom. General Motors Corp. v. Lahocki, 286 Md. 714, 410 A.2d 1039 (1980)].
VICARIOUS LIABILITY
In Maryland, a hospital may, under appropriate circumstances, be held responsible for the negligent acts of its independently- contracted physicians, based on principles of apparent agency [Mehlman v. Powell, 281 Md. 269, 378 A.2d 1121 (1977) (holding that an apparent agency relationship existed because the hospital did nothing to indicate an emergency physician’s true status as an independent contractor)].
DAMAGES
As in most other states, the issue of damages continues to be a major issue in Maryland.
Prior to the 1994 amendment, the statute had been held not to apply to wrongful death cases [United States v. Streidel, 329 Md. 533, 620 A.2d 905 (1993). However, the statute now provides that the cap applies to wrongful death, and that the total recovery of all beneficiaries in a wrongful death case cannot exceed 150 percent of the cap. Md. Code Ann., Cts. & Jud. Proc. § 11-108 (Supp. 1997)].
Medical Malpractice Cap
on Damages in Maryland
| Medical Malpractice (MD CODE, CTS. & JUD. PROC. §3-2A-09) | |||
| Cause of action arises on or after | Limit on all claims from same medical injury (except wrongful death) | Limit on all claims if wrongful death cases is filed with two or more beneficiaries | Total limit |
| 10/1/1996 | $530,000.00 | $795,000.00 | $1,325,000.00 |
| 10/1/1997 | $545,000.00 | $817,500.00 | $1,362,500.00 |
| 10/1/1998 | $560,000.00 | $840,000.00 | $1,400,000.00 |
| 10/1/1999 | $575,000.00 | $862,500.00 | $1,437,500.00 |
| 10/1/2000 | $590,000.00 | $885,000.00 | $1,475,000.00 |
| 10/1/2001 | $605,000.00 | $907,500.00 | $1,512,500.00 |
| 10/1/2002 | $620,000.00 | $930,000.00 | $1,550,000.00 |
| 10/1/2003 | $635,000.00 | $952,500.00 | $1,587,500.00 |
| 10/1/2004 | $650,000.00 | $975,000.00 | $1,625,000.00 |
| New Malpractice Cap | |||
| 1/1/2005 | $650,000.00 | $812,500.00 | $812,500.00 |
| 1/1/2006 | $650,000.00 | $812,500.00 | $812,500.00 |
| 1/1/2007 | $650,000.00 | $812,500.00 | $812,500.00 |
| 1/1/2008 | $650,000.00 | $812,500.00 | $812,500.00 |
| 1/1/2009 | $665,000.00 | $831,250.00 | $831,250.00 |
| 1/1/2010 | $680,000.00 | $850,000.00 | $850,000.00 |
| 1/1/2011 | $695,000.00 | $868,750.00 | $868,750.00 |
| 1/1/2012 | $710,000.00 | $887,500.00 | $887,500.00 |
| 1/1/2013 | $725,000.00 | $906,250.00 | $906,250.00 |
| 1/1/2014 | $740,000.00 | $925,000.00 | $925,000.00 |
| 1/1/2015 | $755,000.00 | $943,750.00 | $943,750.00 |
[see, www.millerandzois.com/maryland-medical-malpractice-cap]
[No attorney-client relationship is established with anyone merely through this abovereferenced blog and/or information. Always seek personal professional advice and consultation].
MARYLAND MEDICAL MALPRACTICE WAREHOUSE
Periodic Payments of Damages
Maryland courts and arbitration panels are afforded the power to order that future damages be paid in the form of periodic payments, subject to adequate security [Md. Code Ann., Cts. & Jud. Proc. § 11-109 (1995)]. Upon the death of a claimant receiving periodic payments, the unpaid balance for future medical expenses reverts to the defendant. Id.
Collateral Source Rule
In Maryland, evidence of the claimant’s receipt of payments from collateral sources may not be admitted to reduce his damages [Schreiber v. Cherry Hill Construction Co., 105 Md. App. 462, 660 A.2d 970 (Ct. Spec. App.), cert. denied, 340 Md. 500, 667 A.2d 341 (1995)].Pre-Judgment Interest on Tort Claims
Maryland law does not recognize pre-judgment interest on tort claims for personal injury [Lawhorne v. Employers Ins. Co. of Wausau, 343 Md. 111, 680 A.2d 518 (1996)].Patient Compensation Funds and Physician Insurance
Maryland does not have a patient compensation fund or a program of state-sponsored liability insurance for physicians.Immunities
Under Md. Code Ann., State Gov’t § 12-104 (Supp. 1997), the state has waived its sovereign immunity to the extent of $100,000 per claim. However, such immunity still applies with respect to punitive damages and pre-judgment interest [Md. Code Ann., Cts. & Jud. Proc. § 5-522(a) (Supp. 1997)]. A claimant must provide written notice of his claim within one year of the injury. If the claim is denied, a lawsuit must be filed within three years after the cause of action arises or the claim is barred [Md. Code Ann., State Gov’t § 12-106 (Supp. 1997)].The liability of any local government in Maryland is capped at $200,000 per claim and $500,000 per occurrence. Md. Code Ann., Cts. & Jud. Proc. § 5-303 (Supp. 1997). Local governments are immune from liability for punitive damages. Id. The purchase of liability insurance does not waive the entity’s immunity [See Quecedo v. Montgomery County, 264 Md. 590, 287 A.2d 257 (1972) (holding that in the absence of statute to the contrary, a county that maintains liability insurance does not waive its immunity)].
"FIRST TO FILE" (FTF) INTELLECTUAL PROPERTY: CHARLES JEROME WARE, P.A.
Intellectual Property
The Intellectual Property Law department at the national general practice law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is headed by Alan J. Kennedy, who is formerly of the Intellectual Property, Commercial and International Law Practice Group at NASA (National Aeronautics and Space Administration) as well as the General Counsel's Office at Xerox.
Our attorneys are committed to accomplishing good results and achieving innovative remedies for our clients.
"FIRST TO FILE" BEGINS ON MARCH 16, 2013
The America Invents Act (AIA) which was signed into law by President Barack Obama on September 16, 2011, finally puts the U.S. Patent System's 'First-to-File" system into operation on March 16, 2013.
The law will switch U.S. rights to a patent from the present "first-to-invent" system to a "first inventor-to-file" system for patent applications filed on or after March 16, 2013.
The law also expands the definition of prior art used in determining patentability. Actions and prior art that bar patentability will include public use, sales, publications, and other disclosures available to the public anywhere in the world as of the filing date, other than publications by the inventor within one year of filing (inventor's "publication-conditioned grace period"), whether or not a third party also files a patent application.
The law also notably expands prior art to include foreign offers for sale and public uses. Applicants that do not publish their inventions prior to filing will receive no grace period.
The proceedings at the U.S. Patent Office for resolving priority contests among near-simultaneous inventors who both file applications for the same invention ("interference proceedings") are repealed, because priority will be determined based on filing date.
An administrative proceeding—called a “derivation” proceeding, similar to that currently used within some interference proceedings is provided to ensure that the first person to file the application is actually an original inventor and that the application was not derived from another inventor.
The AIA refers to the new regime as "First-Inventor-to-File (FITF)". This new regime operates differently than the "First-to-Invent" (FTI) regime currently in effect in the U.S. and the various "First-to-File" (FTF) regimes in place in the rest of the world. Different outcomes that can occur under each of these three different regimes, depending on whether and how two different inventors would publish or file patent applications.
[www.lexology.com/library/"First-to-File Starts on March 16, 2013"; www.laipla.net/"Filing Parent Applications After The March 16, 2013, First-to-File Transition Date"]
Monday, January 28, 2013
"FIRST TO FILE" CLIENT ALERT: CHARLES JEROME WARE, P.A., Attorneys and Counsellors
Intellectual Property
The Intellectual Property Law department at the national general practice law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is headed by Alan J. Kennedy, who is formerly of the Intellectual Property, Commercial and International Law Practice Group at NASA (National Aeronautics and Space Administration) as well as the General Counsel's Office at Xerox.
Our attorneys are committed to accomplishing good results and achieving innovative remedies for our clients.
"FIRST TO FILE" BEGINS ON MARCH 16, 2013
The America Invents Act (AIA) which was signed into law by President Barack Obama on September 16, 2011, finally puts the U.S. Patent System's 'First-to-File" system into operation on March 16, 2013.
The law will switch U.S. rights to a patent from the present "first-to-invent" system to a "first inventor-to-file" system for patent applications filed on or after March 16, 2013.
The law also expands the definition of prior art used in determining patentability. Actions and prior art that bar patentability will include public use, sales, publications, and other disclosures available to the public anywhere in the world as of the filing date, other than publications by the inventor within one year of filing (inventor's "publication-conditioned grace period"), whether or not a third party also files a patent application.
The law also notably expands prior art to include foreign offers for sale and public uses. Applicants that do not publish their inventions prior to filing will receive no grace period.
The proceedings at the U.S. Patent Office for resolving priority contests among near-simultaneous inventors who both file applications for the same invention ("interference proceedings") are repealed, because priority will be determined based on filing date.
An administrative proceeding—called a “derivation” proceeding, similar to that currently used within some interference proceedings is provided to ensure that the first person to file the application is actually an original inventor and that the application was not derived from another inventor.
The AIA refers to the new regime as "First-Inventor-to-File (FITF)". This new regime operates differently than the "First-to-Invent" (FTI) regime currently in effect in the U.S. and the various "First-to-File" (FTF) regimes in place in the rest of the world. Different outcomes that can occur under each of these three different regimes, depending on whether and how two different inventors would publish or file patent applications.
[www.lexology.com/library/"First-to-File Starts on March 16, 2013"; www.laipla.net/"Filing Parent Applications After The March 16, 2013, First-to-File Transition Date"]
MARYLAND MALPRACTICE MISTAKES
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, presents this blog as a public service. The motto for this award-winning law firm is: "Still working. Still committed. Still here to make a difference."
Our attorneys are committed to achieving innovative and positive results for our clients.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
[see, Chapter Two, "Medical Malpractice", Legal Consumer Tips and Secrets, by Charles Jerome Ware, iUniverse (2011); "The Four Elements of Medical Malpractice", Yale University Medical Center: Issues in Risk Management, info.med.yale.edu (1997); "Changing the Malpractice System", by Clive E. Reinhardt, The New York Times, October 1, 2010; "The Facts About Medical Malpractice in Maryland", Public Citizen Congress Watch, Rev. January 2004; "Notes from the Chair of the Board", newsletter of the Medical Mutual Liability Insurance Society of Maryland, October 2002; "28% Rise Sought to Insure Doctors", Greg Garland, Baltimore Sun, June 28, 2003; "Medical Reform Locked in Fight", Stephanie Desmon, Baltimore Sun, March 17, 2003]
A wrongful death action brought by the decedent’s dependents must be filed within three years after death [Md. Code Ann., Cts. & Jud. Proc. § 3-904 (1995)]. This statute applies to a wrongful death action brought on a medical malpractice theory, while § 5-109 applies to a survival action brought by the decedent’s estate [Geisz v. Greater Baltimore Medical Center, 313 Md. 301, 545 A.2d 658 (1988)].
Our attorneys are committed to achieving innovative and positive results for our clients.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
MARYLAND MEDICAL MALPRACTICE WAREHOUSE
[see, Chapter Two, "Medical Malpractice", Legal Consumer Tips and Secrets, by Charles Jerome Ware, iUniverse (2011); "The Four Elements of Medical Malpractice", Yale University Medical Center: Issues in Risk Management, info.med.yale.edu (1997); "Changing the Malpractice System", by Clive E. Reinhardt, The New York Times, October 1, 2010; "The Facts About Medical Malpractice in Maryland", Public Citizen Congress Watch, Rev. January 2004; "Notes from the Chair of the Board", newsletter of the Medical Mutual Liability Insurance Society of Maryland, October 2002; "28% Rise Sought to Insure Doctors", Greg Garland, Baltimore Sun, June 28, 2003; "Medical Reform Locked in Fight", Stephanie Desmon, Baltimore Sun, March 17, 2003]
STATUTE OF LIMITATIONS
Generally, in Maryland any medical malpractice action must be filed either within five (5) years from the date when the injury was committed or three (3) years from the date when the injury was first discovered, whichever is earlier [Md. Code Ann., Cts. & Jud. Proc. § 5-109 (1995)]. Against a minor, the statute does not begin to run until a claimant has reached the age of eleven, and if the action involves a foreign object or injury to the reproductive system, the statute does not begin to run until the claimant is sixteen. Id. Maryland’s highest court has held that the five-year part of the statute is not measured from the date treatment ends and does not violate the state constitution [Hill v. Fitzgerald, 304 Md. 689, 501 A.2d 27 (1985)].
CONTRIBUTORY OR COMPARATIVE NEGLIGENCE
Maryland is one of the few remaining states that recognizes the traditional common law doctrine of contributory negligence. [Harrison v. Montgomery County Bd. of Ed., 295 Md. 442, 456 A.2d 894 (1983)]. Thus, any negligence by a claimant may bar his recovery completely.
Maryland imposes a limit on recoverable non-economic damages for any personal injury cause of action for medical malpractice accruing after July 1, 1986. Md. Code Ann., Cts. & Jud. Proc. § 11-108 (Supp. 1997). The limit was originally $350,000, but for causes of actions arising on or after October 1, 1994, the limit has been increased to $500,000. Id. Beginning October 1, 1995, and every October 1 thereafter, the limit on non-economic damages is increased by $15,000. Id. Non-economic damages include pain and suffering, inconvenience, physical impairment, disfigurement, loss of consortium, and other non-pecuniary damages, but not punitive damages. Id. The damage cap applies to each “direct victim” of the tort and all those claiming injury by or through him [Id.; Oaks v. Connors, 339 Md. 24, 660 A.2d 423 (1995) (a single cap applies to the injured person’s claim and the spouse’s consortium claim). This statute does not violate Maryland’s constitution. Murphy v. Edmonds, 325 Md. 342, 601 A.2d 102 (1992)].
Prior to the 1994 amendment, the statute had been held not to apply to wrongful death cases [United States v. Streidel, 329 Md. 533, 620 A.2d 905 (1993). However, the statute now provides that the cap applies to wrongful death, and that the total recovery of all beneficiaries in a wrongful death case cannot exceed 150 percent of the cap. Md. Code Ann., Cts. & Jud. Proc. § 11-108 (Supp. 1997)].
Medical Malpractice Cap
____________________________________________________
[see, www.millerandzois.com/maryland-medical-malpractice-cap]
[No attorney-client relationship is established with anyone merely through this abovereferenced blog and/or information. Always seek personal professional advice and consultation].
Periodic Payments of Damages
Maryland courts and arbitration panels are afforded the power to order that future damages be paid in the form of periodic payments, subject to adequate security [Md. Code Ann., Cts. & Jud. Proc. § 11-109 (1995)]. Upon the death of a claimant receiving periodic payments, the unpaid balance for future medical expenses reverts to the defendant. Id.
The liability of any local government in Maryland is capped at $200,000 per claim and $500,000 per occurrence. Md. Code Ann., Cts. & Jud. Proc. § 5-303 (Supp. 1997). Local governments are immune from liability for punitive damages. Id. The purchase of liability insurance does not waive the entity’s immunity [See Quecedo v. Montgomery County, 264 Md. 590, 287 A.2d 257 (1972) (holding that in the absence of statute to the contrary, a county that maintains liability insurance does not waive its immunity)].
MARYLAND MEDICAL MALPRACTICE WAREHOUSE
EXPERT TESTIMONY
Expert testimony is required in all successful Maryland medical malpractice cases. Maryland Code, § 3-2A-04 of the Courts & Judicial Proceedings Article (CJP), requires a person who wishes to pursue a claim against a health care provider for damages due to medical injury to file the claim with the Director of the Health Claims Arbitration Office.
JOINT AND SEVERAL LIABILITY
In Maryland, joint tortfeasors are jointly and severally liable; each must assume and bear the responsibility for the misconduct of all [Carroll v. Kerrigen, 173 Md. 627, 197 A. 127 (1938); Cooper v. Bikle, 334 Md. 608, 640 A.2d 1120 (1994)].
CONTRIBUTION
In Maryland a joint tortfeasor who pays more than his pro rata share has a right of contribution against other joint tortfeasors whose liability was extinguished by the judgment or settlement and who have not paid their pro rata share. Md. Code Ann., Cts. & Jud. Proc. § 3-1402 (Supp. 1997). The tortfeasors’ pro rata shares are determined by dividing the judgment equally among the tortfeasors [Lahocki v. Contee Sand & Travel Co., 41 Md. App. 579, 398 A.2d 490 (Ct. Spec. App. 1979), rev’d on other grounds sub nom. General Motors Corp. v. Lahocki, 286 Md. 714, 410 A.2d 1039 (1980)].
VICARIOUS LIABILITY
In Maryland, a hospital may, under appropriate circumstances, be held responsible for the negligent acts of its independently- contracted physicians, based on principles of apparent agency [Mehlman v. Powell, 281 Md. 269, 378 A.2d 1121 (1977) (holding that an apparent agency relationship existed because the hospital did nothing to indicate an emergency physician’s true status as an independent contractor)].
DAMAGES
As in most other states, the issue of damages continues to be a major issue in Maryland.
Prior to the 1994 amendment, the statute had been held not to apply to wrongful death cases [United States v. Streidel, 329 Md. 533, 620 A.2d 905 (1993). However, the statute now provides that the cap applies to wrongful death, and that the total recovery of all beneficiaries in a wrongful death case cannot exceed 150 percent of the cap. Md. Code Ann., Cts. & Jud. Proc. § 11-108 (Supp. 1997)].
Medical Malpractice Cap
on Damages in Maryland
| Medical Malpractice (MD CODE, CTS. & JUD. PROC. §3-2A-09) | |||
| Cause of action arises on or after | Limit on all claims from same medical injury (except wrongful death) | Limit on all claims if wrongful death cases is filed with two or more beneficiaries | Total limit |
| 10/1/1996 | $530,000.00 | $795,000.00 | $1,325,000.00 |
| 10/1/1997 | $545,000.00 | $817,500.00 | $1,362,500.00 |
| 10/1/1998 | $560,000.00 | $840,000.00 | $1,400,000.00 |
| 10/1/1999 | $575,000.00 | $862,500.00 | $1,437,500.00 |
| 10/1/2000 | $590,000.00 | $885,000.00 | $1,475,000.00 |
| 10/1/2001 | $605,000.00 | $907,500.00 | $1,512,500.00 |
| 10/1/2002 | $620,000.00 | $930,000.00 | $1,550,000.00 |
| 10/1/2003 | $635,000.00 | $952,500.00 | $1,587,500.00 |
| 10/1/2004 | $650,000.00 | $975,000.00 | $1,625,000.00 |
| New Malpractice Cap | |||
| 1/1/2005 | $650,000.00 | $812,500.00 | $812,500.00 |
| 1/1/2006 | $650,000.00 | $812,500.00 | $812,500.00 |
| 1/1/2007 | $650,000.00 | $812,500.00 | $812,500.00 |
| 1/1/2008 | $650,000.00 | $812,500.00 | $812,500.00 |
| 1/1/2009 | $665,000.00 | $831,250.00 | $831,250.00 |
| 1/1/2010 | $680,000.00 | $850,000.00 | $850,000.00 |
| 1/1/2011 | $695,000.00 | $868,750.00 | $868,750.00 |
| 1/1/2012 | $710,000.00 | $887,500.00 | $887,500.00 |
| 1/1/2013 | $725,000.00 | $906,250.00 | $906,250.00 |
| 1/1/2014 | $740,000.00 | $925,000.00 | $925,000.00 |
| 1/1/2015 | $755,000.00 | $943,750.00 | $943,750.00 |
[see, www.millerandzois.com/maryland-medical-malpractice-cap]
[No attorney-client relationship is established with anyone merely through this abovereferenced blog and/or information. Always seek personal professional advice and consultation].
MARYLAND MEDICAL MALPRACTICE WAREHOUSE
Periodic Payments of Damages
Maryland courts and arbitration panels are afforded the power to order that future damages be paid in the form of periodic payments, subject to adequate security [Md. Code Ann., Cts. & Jud. Proc. § 11-109 (1995)]. Upon the death of a claimant receiving periodic payments, the unpaid balance for future medical expenses reverts to the defendant. Id.
Collateral Source Rule
In Maryland, evidence of the claimant’s receipt of payments from collateral sources may not be admitted to reduce his damages [Schreiber v. Cherry Hill Construction Co., 105 Md. App. 462, 660 A.2d 970 (Ct. Spec. App.), cert. denied, 340 Md. 500, 667 A.2d 341 (1995)].Pre-Judgment Interest on Tort Claims
Maryland law does not recognize pre-judgment interest on tort claims for personal injury [Lawhorne v. Employers Ins. Co. of Wausau, 343 Md. 111, 680 A.2d 518 (1996)].Patient Compensation Funds and Physician Insurance
Maryland does not have a patient compensation fund or a program of state-sponsored liability insurance for physicians.Immunities
Under Md. Code Ann., State Gov’t § 12-104 (Supp. 1997), the state has waived its sovereign immunity to the extent of $100,000 per claim. However, such immunity still applies with respect to punitive damages and pre-judgment interest [Md. Code Ann., Cts. & Jud. Proc. § 5-522(a) (Supp. 1997)]. A claimant must provide written notice of his claim within one year of the injury. If the claim is denied, a lawsuit must be filed within three years after the cause of action arises or the claim is barred [Md. Code Ann., State Gov’t § 12-106 (Supp. 1997)].The liability of any local government in Maryland is capped at $200,000 per claim and $500,000 per occurrence. Md. Code Ann., Cts. & Jud. Proc. § 5-303 (Supp. 1997). Local governments are immune from liability for punitive damages. Id. The purchase of liability insurance does not waive the entity’s immunity [See Quecedo v. Montgomery County, 264 Md. 590, 287 A.2d 257 (1972) (holding that in the absence of statute to the contrary, a county that maintains liability insurance does not waive its immunity)].
"SUPERIOR LEGAL MIND" FIRED: Employment Law Humor --- For Real!
www.CharlesJeromeWare.com
A former attorney associate at New York law firm Kasowitz, Benson, Torres & Friedman has some problems. Despite his self-described "superior legal mind" Gregory Berry was fired by the firm, and he has now lost both his trial and appeal alleging wrongful termination.
According to his complaint in this case Berry took the attorney associate job because he was told that the firm gave associates a high degree of freedom and responsibility. However, he said those representations proved false, and he was fired for asking for more responsibility in an email in which he wrote, among other things, that "after working here for several months now it has become clear that I have as much experience and ability as an associate many years my senior, as much skill writing, and a superior legal mind to most I have met."
The law firm countered and argued that the suit must be dismissed because Berry (aka, "the superior legal mind") had signed a release as part of a $27,000 severance agreement. Berry countered that his severance payment was 15 days late and $600 of it was never paid. Nonetheless, Manhattan Supreme Court Justice Eileen Bransten dismissed the case last January (2012).
A unanimous panel of the Appellate Division, First Department, on January 22nd, 2013, affirmed the dismissal of a $77 million wrongful termination suit against Kasowitz, Benson, Torres & Friedman brought by Berry. Berry worked in the software industry for 15 years before going to the University of Pennsylvania Law School. After graduating in 2010, he was hired by Kasowitz, but was fired after less than a year.
The appeals panel affirmed in Berry v. Kasowitz, Benson, Torres & Friedman, 652274/11, a two-sentence unsigned opinion. The "plaintiff's claims are barred by the release [agreement] and were properly dismissed," the appellate court panel wrote.
[www.newyorklawjournal.com/PubArticle/FriendlyNY/"Dismissal of Ex-Associate's Suit Against Firm Is Upheld"; www.abajournal.com/news/article/ "Associate Who Told Partners Of His 'Superior Legal Mind' Loses Appeal"/January 23rd, 2013]
A former attorney associate at New York law firm Kasowitz, Benson, Torres & Friedman has some problems. Despite his self-described "superior legal mind" Gregory Berry was fired by the firm, and he has now lost both his trial and appeal alleging wrongful termination.
According to his complaint in this case Berry took the attorney associate job because he was told that the firm gave associates a high degree of freedom and responsibility. However, he said those representations proved false, and he was fired for asking for more responsibility in an email in which he wrote, among other things, that "after working here for several months now it has become clear that I have as much experience and ability as an associate many years my senior, as much skill writing, and a superior legal mind to most I have met."
The law firm countered and argued that the suit must be dismissed because Berry (aka, "the superior legal mind") had signed a release as part of a $27,000 severance agreement. Berry countered that his severance payment was 15 days late and $600 of it was never paid. Nonetheless, Manhattan Supreme Court Justice Eileen Bransten dismissed the case last January (2012).
A unanimous panel of the Appellate Division, First Department, on January 22nd, 2013, affirmed the dismissal of a $77 million wrongful termination suit against Kasowitz, Benson, Torres & Friedman brought by Berry. Berry worked in the software industry for 15 years before going to the University of Pennsylvania Law School. After graduating in 2010, he was hired by Kasowitz, but was fired after less than a year.
The appeals panel affirmed in Berry v. Kasowitz, Benson, Torres & Friedman, 652274/11, a two-sentence unsigned opinion. The "plaintiff's claims are barred by the release [agreement] and were properly dismissed," the appellate court panel wrote.
[www.newyorklawjournal.com/PubArticle/FriendlyNY/"Dismissal of Ex-Associate's Suit Against Firm Is Upheld"; www.abajournal.com/news/article/ "Associate Who Told Partners Of His 'Superior Legal Mind' Loses Appeal"/January 23rd, 2013]
Thursday, January 24, 2013
SCOTUS SYNOPSIS (GESTALT): U.S. SUPREME COURT 2012-2013 TERM
www.CharlesJeromeWare.com
January 9, 2013: SCOTUS considered whether the police need warrants to obtain blood samples in drunken-driving investigations. The case, Missouri v. McNeely, No. 11-1425, hinges on the natural dissipation of blood alcohol and whether there is time to obtain a warrant when a person who is suspected of drunken driving is pulled over by police and refuses to consent to a breath test.
January 8, 2013: The Court unanimously ruled that federal courts should not automatically suspend postconviction challenges from death row inmates who are mentally incompetent to help their lawyers. The decision left open the possibility that such suspensions may sometimes be warranted, but it said that they should not be indefinite (Ryan v. Gonzales, Tibbals v. Carter, Nos. 10-930 and 11-218).
The court’s new term, which began on Oct. 1, 2012, features not only a docket studded with momentous issues but also a new dynamic among the justices.
The theme this term is the nature of equality, and it will play out over issues that have bedeviled the nation for decades. It will probably include major decisions on affirmative action in higher education admissions, same-sex marriage and a challenge to the heart of the Voting Rights Act of 1965. Those rulings could easily rival the last term’s as the most consequential in recent memory.
The term will also provide signals about the repercussions of Chief Justice John G. Roberts Jr.’s surprise decision in June to join the court’s four more liberal members and supply the decisive fifth vote in the landmark decision to uphold President Obama’s health care law. Every decision of the new term will be scrutinized for signs of whether Chief Justice Roberts, who had been a reliable member of the court’s conservative wing, has moved toward the ideological center of the court.
The term could clarify whether the health care ruling will come to be seen as the case that helped Chief Justice Roberts protect the authority of his court against charges of partisanship while accruing a mountain of political capital in the process. He and his fellow conservative justices might then run the table on the causes that engage him more than the limits of federal power ever have: cutting back on racial preferences, on campaign finance restrictions and on procedural protections for people accused of crimes.
The texture of the new term will be different, as the court’s attention shifts from federalism and the economy to questions involving race and sexual orientation. The new issues before the court are concrete and consequential: Who gets to go to college? To get married? To vote?
["U.S. Supreme Court", The New York Times, Wednesday, January 23rd, 2013, topics.nytimes.com; www.bloomberglaw.com/public/documents/ Ryan v. Gonzales, Nos. 10-930, 11-218 BL 4613 (U.S. Jan. 08, 2013); www.scotusblog.com/01-23-2013]
2013 SCOTUS DEVELOPMENTS
January 9, 2013: SCOTUS considered whether the police need warrants to obtain blood samples in drunken-driving investigations. The case, Missouri v. McNeely, No. 11-1425, hinges on the natural dissipation of blood alcohol and whether there is time to obtain a warrant when a person who is suspected of drunken driving is pulled over by police and refuses to consent to a breath test.
January 8, 2013: The Court unanimously ruled that federal courts should not automatically suspend postconviction challenges from death row inmates who are mentally incompetent to help their lawyers. The decision left open the possibility that such suspensions may sometimes be warranted, but it said that they should not be indefinite (Ryan v. Gonzales, Tibbals v. Carter, Nos. 10-930 and 11-218).
2012-2013 SYNOPSIS (GESTALT)
The court’s new term, which began on Oct. 1, 2012, features not only a docket studded with momentous issues but also a new dynamic among the justices.
The theme this term is the nature of equality, and it will play out over issues that have bedeviled the nation for decades. It will probably include major decisions on affirmative action in higher education admissions, same-sex marriage and a challenge to the heart of the Voting Rights Act of 1965. Those rulings could easily rival the last term’s as the most consequential in recent memory.
The term will also provide signals about the repercussions of Chief Justice John G. Roberts Jr.’s surprise decision in June to join the court’s four more liberal members and supply the decisive fifth vote in the landmark decision to uphold President Obama’s health care law. Every decision of the new term will be scrutinized for signs of whether Chief Justice Roberts, who had been a reliable member of the court’s conservative wing, has moved toward the ideological center of the court.
The term could clarify whether the health care ruling will come to be seen as the case that helped Chief Justice Roberts protect the authority of his court against charges of partisanship while accruing a mountain of political capital in the process. He and his fellow conservative justices might then run the table on the causes that engage him more than the limits of federal power ever have: cutting back on racial preferences, on campaign finance restrictions and on procedural protections for people accused of crimes.
The texture of the new term will be different, as the court’s attention shifts from federalism and the economy to questions involving race and sexual orientation. The new issues before the court are concrete and consequential: Who gets to go to college? To get married? To vote?
["U.S. Supreme Court", The New York Times, Wednesday, January 23rd, 2013, topics.nytimes.com; www.bloomberglaw.com/public/documents/ Ryan v. Gonzales, Nos. 10-930, 11-218 BL 4613 (U.S. Jan. 08, 2013); www.scotusblog.com/01-23-2013]
Charles Jerome Ware is president of the national law firm Charles Jerome Ware, P.A., Attorneys and Counselors. He is a renowned trial attorney, with several celebrity clients and numerous successful cases to his credit. Headquartered in nearby Columbia, Maryland, and with multiple offices throughout the country, the firm specializes in complex civil and criminal litigation, and catastrophic injury, wrongful death and class action lawsuits.
Ware is a former federal administrative law judge, and he was the youngest immigration judge in the history of the U.S. Additionally, he has served as chief legal and antitrust counsel to the chairman of the U.S. Federal Trade Commission, assistant U.S. Attorney for Maryland and the Eastern District of Virginia, and senior trial attorney in both the antitrust and criminal divisions of the U.S. Department of Justice, as well as executive vice president and general counsel for St. Paul's College, among other positions.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, The Howard County Sun, The Anniston Star, The New York Times, et al.]
Ware is a former federal administrative law judge, and he was the youngest immigration judge in the history of the U.S. Additionally, he has served as chief legal and antitrust counsel to the chairman of the U.S. Federal Trade Commission, assistant U.S. Attorney for Maryland and the Eastern District of Virginia, and senior trial attorney in both the antitrust and criminal divisions of the U.S. Department of Justice, as well as executive vice president and general counsel for St. Paul's College, among other positions.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, The Howard County Sun, The Anniston Star, The New York Times, et al.]
Ware is a widely acclaimed expert legal commentator who, for eight years in the 1990s hosted the extremely popular legal advice radio program "The Lawyer's Mailbox": the Number One (#1) legal advice radio program in the Mid-Atlantic States, on WEAA-88.9 FM, Morgan State University Radio in Baltimore, Maryland.
Among attorney and author Charles Jerome Ware's best-selling books are:
(1) The Secret Science of Winning Lotteries, Sweepstakes and Contests;
http://amzn.com/1432793888
(2) Understanding the Law: A Primer;
http://amzn.com/1440111456
(3) The Immigration Paradox: 15 Tips for Winning Immigration Cases;
http://amzn.com/1440171920
(4) Legal Consumer Tips and Secrets: Avoiding Debtors' Prison in the United States; and
http://amzn.com/1462051847
(5) Quince (15) Consejos Para Ganar Casos Del Inmigracion.
http://amzn.com/1462068952
Ware's blogs and twitter include, inter alia:
Among attorney and author Charles Jerome Ware's best-selling books are:
(1) The Secret Science of Winning Lotteries, Sweepstakes and Contests;
http://amzn.com/1432793888
(2) Understanding the Law: A Primer;
http://amzn.com/1440111456
(3) The Immigration Paradox: 15 Tips for Winning Immigration Cases;
http://amzn.com/1440171920
(4) Legal Consumer Tips and Secrets: Avoiding Debtors' Prison in the United States; and
http://amzn.com/1462051847
(5) Quince (15) Consejos Para Ganar Casos Del Inmigracion.
http://amzn.com/1462068952
Ware's blogs and twitter include, inter alia:
U.S. SUPREME COURT JUSTICE SONIA SOTOMAYOR: "Being a lawyer is one of the best jobs in the whole wide world. Any lawyer who is unhappy should go back to square one and start again."
www.CharlesJeromeWare.com
In a published interview in the February 2013 issue of O Magazine, U.S. Supreme Court justice Sonio Sotomayor offers advice to dissatisfied lawyers, as she promotes her new book, My Beloved World, in a series of interviews.
She goes on to say that lawyers try to help people, and that being involved in the legal profession is a "gift".
[www.abajournal.com/news/article/ "Sotomayor: Lawyering Is A Gift..."]
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
In a published interview in the February 2013 issue of O Magazine, U.S. Supreme Court justice Sonio Sotomayor offers advice to dissatisfied lawyers, as she promotes her new book, My Beloved World, in a series of interviews.
She goes on to say that lawyers try to help people, and that being involved in the legal profession is a "gift".
[www.abajournal.com/news/article/ "Sotomayor: Lawyering Is A Gift..."]
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
Wednesday, January 23, 2013
"SUPER" JURY VERDICTS, 2011 & 2012
www.CharlesJeromeWare.com
Charles Jerome Ware, P.A., Attorneys and Counsellors, is a national law firm headquartered in the Baltimore-Washington metropolitan area.
All of these jury verdicts have been reported previously in this firm's blogs.
The key in all of the following verdicts is what the jury awarded. These two lists do not account for judicial reductions, offsets, or appeals, et al.
A lifelong diabetic, Juno had her insulin dosage dictated by her doctor in Alabama but transcribed by an outsourced sub-contractor in India, who wrote “80” instead of “8.”
[lawyersusaonline.com/blog/01-21-2013/ Top 10 Jury Verdicts of 2012; www.bloomberg.com/news/01-18-2013/Largest U.S. Jury Verdicts of 2012; www.law.com/corporatecounsel; The National Law Journal's Litigation Report]
Charles Jerome Ware, P.A., Attorneys and Counsellors, is a national law firm headquartered in the Baltimore-Washington metropolitan area.
All of these jury verdicts have been reported previously in this firm's blogs.
The key in all of the following verdicts is what the jury awarded. These two lists do not account for judicial reductions, offsets, or appeals, et al.
7 "Super" 2011 Jury Verdicts
Amount/Verdict
Status
|
Type
|
Name/Court,
Docket, Date
|
|||
(1)
|
$150,370,000,000
|
Wrongful Death
|
Middleton v. Collins,Fayette Co.,
|
||
(2)
|
$2,315,586,000
|
Intellectual Property
|
Pacesetter Inc. v. Nervicon Co.,Los Angeles, Co.,
|
||
(3)
|
$1,542,130,570
|
Toxic Torts
|
Allison v. Exxon Mobil Corp., Baltimore Co.,
|
||
(4)
|
$919,900,000
|
Intellectual Property
|
E. I. du Pont de Nemours and Co. v. Kolon Industries, E.D. Virginia
|
||
(5)
|
$576,875,004
|
Intellectual Property
|
Asahi Kasei Pharma Corp. v. Actelion Ltd., San Mateo Co.,
|
||
(6)
|
$482,000,000
|
Intellectual Property
|
|||
(7)
|
$358,500,000
|
Toxic Torts
|
Heilig v. Fluor Corp., St. Louis Co., Mo.,
Cir. Ct., (Missouri)
|
10 "Super" 2012 Jury Verdicts
1. Store hit with $716.5 million verdict for selling alcohol to Florida teenager
In May, a small-firm attorney won a massive $716.5 million verdict against a convenience store for selling alcohol to a teenager who plowed into another vehicle, killing its occupant.2. $179.7 million awarded in silo explosion case
Lawyers representing three workers burned in an explosion at a grain silo won more than $179 million in June against ConAgra Foods for failing to clean up stored wheat that became combustible.3. Jury awards $178 million in botched surgery verdict
Last January, a Florida jury awarded $178 million to a former deputy sheriff whose botched weight-loss surgery left him in a wheelchair unable to care for himself.4. Record $167.7 million awarded for sex harassment
In the largest verdict to an individual employment plaintiff in United States history, a California jury awarded $167.7 million last February to a cardiac surgery physician assistant who suffered sexual harassment and wrongful termination.5. Former principal wins, then loses, $155.7 million
In November, the former principal of a successful charter school won a disputed $155.7 million verdict against the city manager for destroying her reputation.6. $144.7 million for failure-to-diagnose lawsuit
A New York woman who claims she sat unattended in a hospital for hours while medical personnel negligently failed to diagnose her heart attack won a $144.7 million jury verdict in October.7. Anger over outsourced medical transcription errors yields $140 million
Sharron Juno died because of a typo.A lifelong diabetic, Juno had her insulin dosage dictated by her doctor in Alabama but transcribed by an outsourced sub-contractor in India, who wrote “80” instead of “8.”
8. $121.5 million awarded for ‘triple malpractice’
In a rare case of “triple malpractice,” a jury awarded $121.5 million against three hospitals that treated a patient during a one-month period, which began with an office visit for seizure medication, progressed to a severe allergic skin reaction and ended with brain damage caused by lack of oxygen.9. Ambulance crash victim wins $116.9 million award
A woman who suffered a severed spinal cord and traumatic brain injury in an ambulance crash that occurred while she was seven months pregnant was awarded nearly $117 million by a Louisiana jury in August.10. Lawyer wins $109 million for woman killed by fallen power line
Calling it both the worst case he has seen as a trial lawyer and one of the easiest cases he has tried, Shanin Specter won a $109 million jury verdict for the family of a woman killed when a power line fell and electrocuted her.[lawyersusaonline.com/blog/01-21-2013/ Top 10 Jury Verdicts of 2012; www.bloomberg.com/news/01-18-2013/Largest U.S. Jury Verdicts of 2012; www.law.com/corporatecounsel; The National Law Journal's Litigation Report]
Tuesday, January 22, 2013
"LEAD" BALTIMORE DEFENSE LAWYERS: LEAD PAINT POISONING 101
www.CharlesJeromeWare.com
The national general practice law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, specializes in landlord lead paint poisoning defense work in Baltimore City and its surrounding metropolitan area. The firm's motto is: "Still working. Still committed. Still here to make a difference."
Professional, Thorough and Noted ("PTN") Attorneys. Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
Childhood Lead-Paint Poisoning (CLPP) cases are an epidemic in the Baltimore City metropolitan area. In fact, so many of these lead paint cases are filed by plaintiffs' attorneys in Baltimore City, particularly, every year that a special "lead paint case" docket exists within the Circuit Court for Baltimore City.
Further, to compound the problems for the defense in these cases, numerous judges as well as commentators suggest that in certain circumstances lead paint poisoning cases are "indefensible".
To be sure, especially in Baltimore City, a lead paint case defendant must retain a good lead paint defense attorney for legal representation in these cases.
Lead poisoning claims can, however, be defended on a number of grounds, including challenging the CDC's assertion that a low blood-lead level (10 to 25 micrograms per deciliter) can result in decreased IQ, learning disabilities, and psychological, neurological, and behavioral injuries.
From the insurer's perspective, the best defense to lead poisoning claims begins with educating and monitoring their insureds.
It is essential that property owners take an active role in preventing lead poisoning claims, rather than simply reacting to complaints of lead paint violations.
The national general practice law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, specializes in landlord lead paint poisoning defense work in Baltimore City and its surrounding metropolitan area. The firm's motto is: "Still working. Still committed. Still here to make a difference."
Professional, Thorough and Noted ("PTN") Attorneys. Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
Childhood Lead-Paint Poisoning (CLPP) cases are an epidemic in the Baltimore City metropolitan area. In fact, so many of these lead paint cases are filed by plaintiffs' attorneys in Baltimore City, particularly, every year that a special "lead paint case" docket exists within the Circuit Court for Baltimore City.
Further, to compound the problems for the defense in these cases, numerous judges as well as commentators suggest that in certain circumstances lead paint poisoning cases are "indefensible".
To be sure, especially in Baltimore City, a lead paint case defendant must retain a good lead paint defense attorney for legal representation in these cases.
Lead poisoning claims can, however, be defended on a number of grounds, including challenging the CDC's assertion that a low blood-lead level (10 to 25 micrograms per deciliter) can result in decreased IQ, learning disabilities, and psychological, neurological, and behavioral injuries.
From the insurer's perspective, the best defense to lead poisoning claims begins with educating and monitoring their insureds.
It is essential that property owners take an active role in preventing lead poisoning claims, rather than simply reacting to complaints of lead paint violations.
TRENDS
There are some trends in the arena of lead paint poisoning in Baltimore (as well as nationwide) that should be of enormous concern to property owners:
There are some trends in the arena of lead paint poisoning in Baltimore (as well as nationwide) that should be of enormous concern to property owners:
- The Centers for Disease Control (CDC) has repeatedly lowered acceptable blood-lead levels to the point where hundreds of thousands, if not millions, of children are now legally classified as "lead poisoned." Many of those newly classified children will go on to become plaintiffs in lead-based paint poisoning lawsuits.
- Various state health departments have consistently lowered the amount of lead permissible in residential paint to the extent that millions of apartment units nationwide may suddenly be in violation of local ordinances and regulations.
- Multimillion-dollar verdicts and six-figure settlements are increasingly common in lead-based paint poisoning civil lawsuits. Juries in Baltimore and across the country seem receptive to arguments that children have suffered irreversible neurological impairment as a result of their alleged ingestion of lead paint chips and dust. This alleged impairment - depicted as manifesting itself in loss on intellectual capacity with resultant medical care, loss of earnings, and pain and suffering - if often the basis for exorbitant jury awards rendered against property owners.
Property owners, insurers and property managers are encouraged to contact us directly for further information concerning Baltimore, Maryland lead paint defense at:
www.CharlesJeromeWare.com
Renowned and respected for his extensive trial experiences and legal counselling of thousands of individual and organizational clients, Attorney Charles Ware is also noted for being a prolific author of several best-selling books, numerous information blogs, and hundreds of articles.
Ware is a widely acclaimed expert legal commentator who, for eight years in the 1990s hosted the extremely popular legal advice radio program "The Lawyer's Mailbox": the Number One (#1) legal advice radio program in the Mid-Atlantic States, on WEAA-88.9 FM, Morgan State University Radio in Baltimore, Maryland.
Among attorney and author Charles Jerome Ware's best-selling books are:
(1) The Secret Science of Winning Lotteries, Sweepstakes and Contests;
http://amzn.com/1432793888
(2) Understanding the Law: A Primer;
http://amzn.com/1440111456
(3) The Immigration Paradox: 15 Tips for Winning Immigration Cases;
http://amzn.com/1440171920
(4) Legal Consumer Tips and Secrets: Avoiding Debtors' Prison in the United States; and
http://amzn.com/1462051847
(5) Quince (15) Consejos Para Ganar Casos Del Inmigracion.
http://amzn.com/1462068952
Ware's blogs and twitter include, inter alia:
www.CharlesJeromeWare.com
Renowned and respected for his extensive trial experiences and legal counselling of thousands of individual and organizational clients, Attorney Charles Ware is also noted for being a prolific author of several best-selling books, numerous information blogs, and hundreds of articles.
Ware is a widely acclaimed expert legal commentator who, for eight years in the 1990s hosted the extremely popular legal advice radio program "The Lawyer's Mailbox": the Number One (#1) legal advice radio program in the Mid-Atlantic States, on WEAA-88.9 FM, Morgan State University Radio in Baltimore, Maryland.
Among attorney and author Charles Jerome Ware's best-selling books are:
(1) The Secret Science of Winning Lotteries, Sweepstakes and Contests;
http://amzn.com/1432793888
(2) Understanding the Law: A Primer;
http://amzn.com/1440111456
(3) The Immigration Paradox: 15 Tips for Winning Immigration Cases;
http://amzn.com/1440171920
(4) Legal Consumer Tips and Secrets: Avoiding Debtors' Prison in the United States; and
http://amzn.com/1462051847
(5) Quince (15) Consejos Para Ganar Casos Del Inmigracion.
http://amzn.com/1462068952
Ware's blogs and twitter include, inter alia:
BIGGEST 2012 JURY VERDICTS IN U.S.
Monday, January 21st, 2013. www.CharlesJeromeWare.com
Charles Jerome Ware, P.A., Attorneys and Counsellors, is a national law firm headquartered in the Baltimore-Washington metropolitan area.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
All of these verdicts have been reported in our previous blogs:
A lifelong diabetic, Juno had her insulin dosage dictated by her doctor in Alabama but transcribed by an outsourced sub-contractor in India, who wrote “80” instead of “8.”
[lawyersusaonline.com/blog/01-21-2013/ Top 10 Jury Verdicts of 2012; www.bloomberg.com/news/01-18-2013/Largest U.S. Jury Verdicts of 2012]
Charles Jerome Ware, P.A., Attorneys and Counsellors, is a national law firm headquartered in the Baltimore-Washington metropolitan area.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
10 of the Biggest Jury Verdicts in U.S. in 2012
All of these verdicts have been reported in our previous blogs:
1. Store hit with $716.5 million verdict for selling alcohol to Florida teenager
In May, a small-firm attorney won a massive $716.5 million verdict against a convenience store for selling alcohol to a teenager who plowed into another vehicle, killing its occupant.2. $179.7 million awarded in silo explosion case
Lawyers representing three workers burned in an explosion at a grain silo won more than $179 million in June against ConAgra Foods for failing to clean up stored wheat that became combustible.3. Jury awards $178 million in botched surgery verdict
Last January, a Florida jury awarded $178 million to a former deputy sheriff whose botched weight-loss surgery left him in a wheelchair unable to care for himself.4. Record $167.7 million awarded for sex harassment
In the largest verdict to an individual employment plaintiff in United States history, a California jury awarded $167.7 million last February to a cardiac surgery physician assistant who suffered sexual harassment and wrongful termination.5. Former principal wins, then loses, $155.7 million
In November, the former principal of a successful charter school won a disputed $155.7 million verdict against the city manager for destroying her reputation.6. $144.7 million for failure-to-diagnose lawsuit
A New York woman who claims she sat unattended in a hospital for hours while medical personnel negligently failed to diagnose her heart attack won a $144.7 million jury verdict in October.7. Anger over outsourced medical transcription errors yields $140 million
Sharron Juno died because of a typo.A lifelong diabetic, Juno had her insulin dosage dictated by her doctor in Alabama but transcribed by an outsourced sub-contractor in India, who wrote “80” instead of “8.”
8. $121.5 million awarded for ‘triple malpractice’
In a rare case of “triple malpractice,” a jury awarded $121.5 million against three hospitals that treated a patient during a one-month period, which began with an office visit for seizure medication, progressed to a severe allergic skin reaction and ended with brain damage caused by lack of oxygen.9. Ambulance crash victim wins $116.9 million award
A woman who suffered a severed spinal cord and traumatic brain injury in an ambulance crash that occurred while she was seven months pregnant was awarded nearly $117 million by a Louisiana jury in August.10. Lawyer wins $109 million for woman killed by fallen power line
Calling it both the worst case he has seen as a trial lawyer and one of the easiest cases he has tried, Shanin Specter won a $109 million jury verdict for the family of a woman killed when a power line fell and electrocuted her.[lawyersusaonline.com/blog/01-21-2013/ Top 10 Jury Verdicts of 2012; www.bloomberg.com/news/01-18-2013/Largest U.S. Jury Verdicts of 2012]
"TESCA" LAWYERS IN MARYLAND AND DC: Charles Jerome Ware, P.A., Attorneys and Counsellors
www.CharlesJeromeWare.com
"Talented (and thorough), Experienced (and efficient), Sincere (and smart), Caring (and careful), Accomplished (and able), all are adjectives which appropriately describe the attorneys and counsellors at the national general practice law firm of Charles Jerome Ware, P.A.
The firm is conveniently headquartered in the Baltimore-Washington metropolitan area, in Columbia, Howard County, Maryland.
The firm's motto is: "Still working. Still committed. Still here to make a difference."
Former Judge (INA, 28CFR 0.105, 8CFR 2.1) is the founder and a senior partner of Charles Jerome Ware, P.A., Attorneys and Counsellors, in Maryland and Washington, D.C. In addition to his active trial work and ongoing caseload, Judge Ware also serves as the elder statesman of the firm.
With more than 37 years of law practice in multiple federal and state courts, and before several administrative agencies, Judge Charles Ware has been successful in over 90% of all of his trials at all levels and in each venue.
In the courtroom, the very experienced trial attorney is known for his knowledge, humor, poise, and laser-like approaches for deciphering the truth.
By his clients and peers, opponents and the public, Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
Renowned and respected for his extensive trial experiences and legal counselling of thousands of individual and organizational clients, Attorney Charles Ware is also noted for being a prolific author of several best-selling books, numerous information blogs, and hundreds of articles.
Ware is a widely acclaimed expert legal commentator who, for eight years in the 1990s hosted the extremely popular legal advice radio program "The Lawyer's Mailbox": the Number One (#1) legal advice radio program in the Mid-Atlantic States, on WEAA-88.9 FM, Morgan State University Radio in Baltimore, Maryland.
Among attorney and author Charles Jerome Ware's best-selling books are:
(1) The Secret Science of Winning Lotteries, Sweepstakes and Contests;
http://amzn.com/1432793888
(2) Understanding the Law: A Primer;
http://amzn.com/1440111456
(3) The Immigration Paradox: 15 Tips for Winning Immigration Cases;
http://amzn.com/1440171920
(4) Legal Consumer Tips and Secrets: Avoiding Debtors' Prison in the United States; and
http://amzn.com/1462051847
(5) Quince (15) Consejos Para Ganar Casos Del Inmigracion.
http://amzn.com/1462068952
Ware's blogs and twitter include, inter alia:
"Talented (and thorough), Experienced (and efficient), Sincere (and smart), Caring (and careful), Accomplished (and able), all are adjectives which appropriately describe the attorneys and counsellors at the national general practice law firm of Charles Jerome Ware, P.A.
The firm is conveniently headquartered in the Baltimore-Washington metropolitan area, in Columbia, Howard County, Maryland.
The firm's motto is: "Still working. Still committed. Still here to make a difference."
Former Judge (INA, 28CFR 0.105, 8CFR 2.1) is the founder and a senior partner of Charles Jerome Ware, P.A., Attorneys and Counsellors, in Maryland and Washington, D.C. In addition to his active trial work and ongoing caseload, Judge Ware also serves as the elder statesman of the firm.
With more than 37 years of law practice in multiple federal and state courts, and before several administrative agencies, Judge Charles Ware has been successful in over 90% of all of his trials at all levels and in each venue.
In the courtroom, the very experienced trial attorney is known for his knowledge, humor, poise, and laser-like approaches for deciphering the truth.
By his clients and peers, opponents and the public, Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
Renowned and respected for his extensive trial experiences and legal counselling of thousands of individual and organizational clients, Attorney Charles Ware is also noted for being a prolific author of several best-selling books, numerous information blogs, and hundreds of articles.
Ware is a widely acclaimed expert legal commentator who, for eight years in the 1990s hosted the extremely popular legal advice radio program "The Lawyer's Mailbox": the Number One (#1) legal advice radio program in the Mid-Atlantic States, on WEAA-88.9 FM, Morgan State University Radio in Baltimore, Maryland.
Among attorney and author Charles Jerome Ware's best-selling books are:
(1) The Secret Science of Winning Lotteries, Sweepstakes and Contests;
http://amzn.com/1432793888
(2) Understanding the Law: A Primer;
http://amzn.com/1440111456
(3) The Immigration Paradox: 15 Tips for Winning Immigration Cases;
http://amzn.com/1440171920
(4) Legal Consumer Tips and Secrets: Avoiding Debtors' Prison in the United States; and
http://amzn.com/1462051847
(5) Quince (15) Consejos Para Ganar Casos Del Inmigracion.
http://amzn.com/1462068952
Ware's blogs and twitter include, inter alia:
"O.J. SIMPSON, LIZZIE BORDEN, JURY NULLIFICATION AND APPLE PIE": A Primer by Attorney Charles Jerome Ware
Excerpts from Chapter 8 of the book, Understanding The Law: A Primer, by Attorney Charles Jerome Ware (2008).
www.CharlesJeromeWare.com
[see, books.google.com/books?isbn=1440111456; amazon.com/books; booksamillion.com; barnesandnoble.com; The Association of Trial Lawyers of America]
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
www.CharlesJeromeWare.com
[see, books.google.com/books?isbn=1440111456; amazon.com/books; booksamillion.com; barnesandnoble.com; The Association of Trial Lawyers of America]
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
JURY NULLIFICATION IN MARYLAND, D.C. AND ELSEWHERE: A Primer By Defense Attorney Charles Jerome Ware
Subtitle: "O.J., Lizzie, Jury Nullification and Apple Pie"; Chapter 8, Understanding The Law: A Primer, by Attorney Charles Jerome Ware (2008).
www.CharlesJeromeWare.com
[see, books.google.com/books?isbn=1440111456; amazon.com/books; booksamillion.com; barnesandnoble.com; The Association of Trial Lawyers of America]
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
www.CharlesJeromeWare.com
[see, books.google.com/books?isbn=1440111456; amazon.com/books; booksamillion.com; barnesandnoble.com; The Association of Trial Lawyers of America]
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
Monday, January 21, 2013
LANDLORD LEAD PAINT POISONING DEFENSE ("LLPPD") IN BALTIMORE, MARYLAND: www.CharlesJeromeWare.com
The national general practice law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, specializes in landlord lead paint poisoning defense work in Baltimore City and its surrounding metropolitan area. The firm's motto is: "Still working. Still committed. Still here to make a difference."
www.CharlesJeromeWare.com
Professional, Thorough and Noted ("PTN") Attorneys. Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
Childhood Lead-Paint Poisoning (CLPP) cases are an epidemic in the Baltimore City metropolitan area. In fact, so many of these lead paint cases are filed by plaintiffs' attorneys in Baltimore City, particularly, every year that a special "lead paint case" docket exists within the Circuit Court for Baltimore City.
Further, to compound the problems for the defense in these cases, numerous judges as well as commentators suggest that in certain circumstances lead paint poisoning cases are "indefensible".
To be sure, especially in Baltimore City, a lead paint case defendant must retain a good lead paint defense attorney for legal representation in these cases.
Lead poisoning claims can, however, be defended on a number of grounds, including challenging the CDC's assertion that a low blood-lead level (10 to 25 micrograms per deciliter) can result in decreased IQ, learning disabilities, and psychological, neurological, and behavioral injuries.
From the insurer's perspective, the best defense to lead poisoning claims begins with educating and monitoring their insureds.
It is essential that property owners take an active role in preventing lead poisoning claims, rather than simply reacting to complaints of lead paint violations.
www.CharlesJeromeWare.com
Professional, Thorough and Noted ("PTN") Attorneys. Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
Childhood Lead-Paint Poisoning (CLPP) cases are an epidemic in the Baltimore City metropolitan area. In fact, so many of these lead paint cases are filed by plaintiffs' attorneys in Baltimore City, particularly, every year that a special "lead paint case" docket exists within the Circuit Court for Baltimore City.
Further, to compound the problems for the defense in these cases, numerous judges as well as commentators suggest that in certain circumstances lead paint poisoning cases are "indefensible".
To be sure, especially in Baltimore City, a lead paint case defendant must retain a good lead paint defense attorney for legal representation in these cases.
Lead poisoning claims can, however, be defended on a number of grounds, including challenging the CDC's assertion that a low blood-lead level (10 to 25 micrograms per deciliter) can result in decreased IQ, learning disabilities, and psychological, neurological, and behavioral injuries.
From the insurer's perspective, the best defense to lead poisoning claims begins with educating and monitoring their insureds.
It is essential that property owners take an active role in preventing lead poisoning claims, rather than simply reacting to complaints of lead paint violations.
TRENDS
There are some trends in the arena of lead paint poisoning in Baltimore (as well as nationwide) that should be of enormous concern to property owners:
There are some trends in the arena of lead paint poisoning in Baltimore (as well as nationwide) that should be of enormous concern to property owners:
- The Centers for Disease Control (CDC) has repeatedly lowered acceptable blood-lead levels to the point where hundreds of thousands, if not millions, of children are now legally classified as "lead poisoned." Many of those newly classified children will go on to become plaintiffs in lead-based paint poisoning lawsuits.
- Various state health departments have consistently lowered the amount of lead permissible in residential paint to the extent that millions of apartment units nationwide may suddenly be in violation of local ordinances and regulations.
- Multimillion-dollar verdicts and six-figure settlements are increasingly common in lead-based paint poisoning civil lawsuits. Juries in Baltimore and across the country seem receptive to arguments that children have suffered irreversible neurological impairment as a result of their alleged ingestion of lead paint chips and dust. This alleged impairment - depicted as manifesting itself in loss on intellectual capacity with resultant medical care, loss of earnings, and pain and suffering - if often the basis for exorbitant jury awards rendered against property owners.
Property owners, insurers and property managers are encouraged to contact us directly for further information concerning Baltimore, Maryland lead paint defense at:
www.CharlesJeromeWare.com
Renowned and respected for his extensive trial experiences and legal counselling of thousands of individual and organizational clients, Attorney Charles Ware is also noted for being a prolific author of several best-selling books, numerous information blogs, and hundreds of articles.
Ware is a widely acclaimed expert legal commentator who, for eight years in the 1990s hosted the extremely popular legal advice radio program "The Lawyer's Mailbox": the Number One (#1) legal advice radio program in the Mid-Atlantic States, on WEAA-88.9 FM, Morgan State University Radio in Baltimore, Maryland.
Among attorney and author Charles Jerome Ware's best-selling books are:
(1) The Secret Science of Winning Lotteries, Sweepstakes and Contests;
http://amzn.com/1432793888
(2) Understanding the Law: A Primer;
http://amzn.com/1440111456
(3) The Immigration Paradox: 15 Tips for Winning Immigration Cases;
http://amzn.com/1440171920
(4) Legal Consumer Tips and Secrets: Avoiding Debtors' Prison in the United States; and
http://amzn.com/1462051847
(5) Quince (15) Consejos Para Ganar Casos Del Inmigracion.
http://amzn.com/1462068952
Ware's blogs and twitter include, inter alia:
www.CharlesJeromeWare.com
Renowned and respected for his extensive trial experiences and legal counselling of thousands of individual and organizational clients, Attorney Charles Ware is also noted for being a prolific author of several best-selling books, numerous information blogs, and hundreds of articles.
Ware is a widely acclaimed expert legal commentator who, for eight years in the 1990s hosted the extremely popular legal advice radio program "The Lawyer's Mailbox": the Number One (#1) legal advice radio program in the Mid-Atlantic States, on WEAA-88.9 FM, Morgan State University Radio in Baltimore, Maryland.
Among attorney and author Charles Jerome Ware's best-selling books are:
(1) The Secret Science of Winning Lotteries, Sweepstakes and Contests;
http://amzn.com/1432793888
(2) Understanding the Law: A Primer;
http://amzn.com/1440111456
(3) The Immigration Paradox: 15 Tips for Winning Immigration Cases;
http://amzn.com/1440171920
(4) Legal Consumer Tips and Secrets: Avoiding Debtors' Prison in the United States; and
http://amzn.com/1462051847
(5) Quince (15) Consejos Para Ganar Casos Del Inmigracion.
http://amzn.com/1462068952
Ware's blogs and twitter include, inter alia:
Subscribe to:
Posts (Atom)