In an interesting decision, the Maryland Court of Appeals decided to retain the traditional doctrine of contributory rather than comparative fault. Se
Continue Reading Maryland Retains Contributory Negligence
negligence
Mold Economic Injury Claim Rejected
By Sean Wajert on
Posted in Articles
The issue of mold-related litigation remains of interest to our readers, perhaps even more so in the aftermath of the widespread damage from Sandy. Re…
Continue Reading Mold Economic Injury Claim Rejected
Product Seller (Still) Has No Duty To Protect From Criminal’s Use Of Product
By Sean Wajert on
Country music fans among our readers may recall the Garth Brooks’ song “Longneck Bottle.” That tune, from his CD “Sevens,” reached…
Continue Reading Product Seller (Still) Has No Duty To Protect From Criminal’s Use Of Product
State Supreme Court to Consider Comparative Negligence Doctrine
By Sean Wajert on
Posted in Articles
Here’s a case to watch, especially for those with tort cases in Maryland. Coleman v. Soccer Assoc. of Columbia, et al. (Md., Sept. Term 2012, No. 9). …
Continue Reading State Supreme Court to Consider Comparative Negligence Doctrine
State Supreme Court Reverses Dangerous Expansion of Product Liability
By Sean Wajert on
Posted in Chemical, Toxic Tort
The California Supreme Court held last week that the law does not impose liability on manufacturers of equipment used in conjunction with asbestos-con…
Continue Reading State Supreme Court Reverses Dangerous Expansion of Product Liability
Two Summary Judgments for Ladder Defendants Affirmed
By Sean Wajert on
Posted in Articles, Consumer Products
Ladders and scaffolds are two of the most valuable tools we know. And as the season for decorating approaches, we know MassTortDefense will soon be ut…
Continue Reading Two Summary Judgments for Ladder Defendants Affirmed
Alleged Chemical Release Did Not “Speak for Itself”
By Sean Wajert on
Contractors working at a refinery who were allegedly exposed to chemical fumes cannot rely on the venerable res ipsa loquitur theory because their cla…
Continue Reading Alleged Chemical Release Did Not “Speak for Itself”
Beverage Maker Not Liable for Alleged Failure to Warn
By Sean Wajert on
The maker of a drink containing alcohol and caffeine was not liable to a woman allegedly injured when the driver of the motorcycle on which she was a …
Continue Reading Beverage Maker Not Liable for Alleged Failure to Warn
State Court Finds No Duty to Spouse of Exposed Worker
By Sean Wajert on
Delaware’s supreme court held last month that an employer owes no duty of care to an employee’s spouse, who allegedly contracted asbestos-related dise…
Continue Reading State Court Finds No Duty to Spouse of Exposed Worker
Negligence Ruling in Florida Chinese Drywall Litigation
By Sean Wajert on
The judge overseeing one part of the litigation involving Chinese drywall — the Florida class action — has issued an important ruling on the neglige…
Continue Reading Negligence Ruling in Florida Chinese Drywall Litigation