In April 2008, the Maryland General Assembly enacted emergency legislation in an effort to stave off the masses of foreclosure filings in the state.
Continue reading Bankruptcy law from April 2008.
Slip and fall cases on "black ice" present inherent difficulties of proof for plaintiffs' counsel. "What was the ambient temperature? Who maintained the property? How long had it been precipitating? And did the plaintiff know of the hazard?" These are all questions asked by counsel at intake and by defense counsel during deposition or at trial.
The last question-did the plaintiff know of the potential hazard and assume the risk of injury-- has been the first and last question asked of actual and potential clients. Why? Because three years ago, our state's intermediate appellate court, the Maryland Court of Special Appeals, issued an opinion in Allen v. Marriott that made almost any endeavor by a plaintiff into ice or snow an assumption of the risk of injury which barred their claims under Maryland law, even if they, themselves, did not actually know of and appreciate the risk. In essence, the Marriott decision opened the door for trial judges to summarily dismiss cases based a plaintiff's "imputed" knowledge of a risk. It created a quasi-objective standard and eviscerated the long-standing subjective standard of assumed risk.
Tennessee and North Carolina can now be added to the vast majority of states adopting damage caps in medical malpractice cases.
In North Carolina, the legislature enacted a $500,000 cap on "non-economic damages" for pain and suffering. The new law became effective October 1st. Like Maryland, the cap does not apply to economic loss claims for past and future medical care costs, lost wages and other kinds of monetary losses resulting from their negligence.
Tennessee's law, known as the "Tennessee Civil Justice Actor of 2011," places a cap of $750,000 on non-economic damages and a $500,000 cap on punitive damages in medical malpractice and personal injury cases. The law also places a $1 million cap on "catastrophic cases" such as those where a person became paralyzed, burned, blinded, suffered an amputation or otherwise died leaving behind minor children.
As discussed previously, damage caps specific only to medical malpractice cases have a desparate impact on malpractice victims over other victims of tort malfeasance who do not face the same caps for similar injuries. These practice-specific caps are unfair and are contrary to the free market system so fervently embraced by the same hypocrites who promote passage of such laws. Juries should be allowed to do their jobs and reach the verdicts they believe are just. Judges have the authority to "right the wrong" of runaway jury verdicts through post trial remittiturs and new trial orders.
Continue reading Two State Damages Caps Added to the Mix.
Bankruptcy Statistics, Trends and Increased Consumer FilingsWith today's decline in both the national and global economy, consumers, more than ever, are finding themselves facing difficulty in repaying credit card bills, car payments, medical bills and other similar debts. Many homeowners are faced with possible foreclosure as well. Job security is at an all time low and the unemployment rate continues to climb. What many consumers don't realize is that there is help available to them in the form of a bankruptcy filing.
Continue reading Bankruptcy Statistics, Trends & Increased Consumer Filings.
Certain creditors may have special rights (see creditor rights) when faced with collecting bad debts. One of these rights is the availability of a procedure called foreclosure. Foreclosure is most often exercised in relation to unpaid mortgages on real property. In a foreclosure proceeding, the creditor exercises its option under the mortgage to force a sale on the property that is the subject of the mortgage in order to use the proceeds to pay the debt.
The rights of a mortgage (usually the lender; commonly a bank or mortgage company) when the mortgagor (borrower or home-buyer) defaults vary considerable from state to state. There are, however, a number of similarities. Generally, there are only two types of foreclosure sales: a judicial sale and a sale pursuant to a power of sale clause contained in the mortgage documents. Judicial sales are more common. Although the details of judicial sales are mainly a matter of local law, they usually require notice of a hearing, a hearing, a judicial determination of default, notice of sale, a sale, confirmation of a sale, possible redemption, and entry of a judgment for any deficiency (the difference between the sale amount and what is owed on the debt).
Continue reading Bankruptcy & Foreclosure.
When a debtor fails to pay his or her debts, the creditor, or the person or business to which the debt is owed, has several available remedies to help collect the money. These methods include remedies that do not require court involvement, called self-help remedies, and remedies that do involve the courts, including pre-judgment legal remedies and formal court proceedings in which a judgment against the debtor is obtained.
Continue reading Creditors' Rights.
If a person falls hopelessly behind in his or her debt payments, one option is to declare bankruptcy, a legal proceeding conducted in a federal bankruptcy court that may allow the debtor to be relieved of some or all of his or her debts. Filing bankruptcy is not a panacea, however. Although it is often said that bankruptcy gives a person a fresh start, it can negatively affect his or her credit rating and make it hard to obtain credit in the future.
Continue reading Consumer Bankruptcy.
Just as individual consumers do, businesses sometimes find themselves in the uncomfortable position of being unable to pay their debts in a timely manner. In many cases, the solution to this dilemma is to declare bankruptcy, a legal proceeding in a federal court that releases the business from the obligation of paying all or some of its debts. Filing bankruptcy is not a perfect solution, however. Although it is often said that bankruptcy gives a business a fresh start, it can negatively affect the business's credit rating and make it hard to obtain credit in the future. Without good credit, it may be impossible to continue in business. On the other hand, in some types of bankruptcies the bankrupt business actually ceases to exist when the proceedings terminate.
Continue reading Commercial Bankruptcy .
Take a look at some new information on our Bankruptcy page. Learn about the facts and myths of Bankruptcy collections.
It is commonly known that despite incredibly extensive testing of blood donors for infectious diseases, Hepatitis B is the most commonly transmitted infectious disease. Approximately 1 in 60,000 units may be infected despite the negative test result. According to the U.S. Centers for Disease Control and Prevention, Hepatitis B is caused by a virus that attacks the liver. It has the potential to cause lifelong infection, scarring of the liver, liver failure or cancer and possibly death.
Continue reading Deadly Transfusions.
