Belsky Weinberg & Horowitz, LLC A Personal Injury & Workers’ Compensation Law Firm

February 2013 Archives

Court Rules that Metro Can't Be Sued for "Slip and Falls"

Washington D.C. Metro.jpgIn a decision that means there is no legal recovery for slips and falls at the area's Metro stations, the Maryland Court of Appeals has held that the Washington Metropolitan Area Transit Authority (WMATA) is entitled to immunity from tort claims - lawsuits -- arising out of its maintenance decisions. The court's ruling stemmed from slip and falls on wet floors suffered by two women while using the popular Metro subway transportation system.

Mediation - Pros and Cons

Three people meeting in windowed office.jpgMediation is a form of alternative dispute resolution (ADR). Alternative dispute resolution (ADR) is a term for ways to settle disputes out of court. Arbitration and mediation are the two most common forms of ADR.

Woman's Lawsuit Against Credit Reporting Agency Gets Second Chance

Credit cards gold, platinum, AmEx.jpgA federal trial court has granted a Maryland woman a second chance to file her lawsuit against a credit reporting agency. The United States District Court for the District of Maryland dismissed Chevera D. Brown's claims but also gave her permission to file a second amended complaint against Experian Credit Reporting.

Payment to Class Representative Won't Stop Class Action Lawsuits

Court Room.jpgA payment to the class representative in a class action lawsuit won't stop the legal action, according to a decision by the Maryland Court of Appeals. The state's top court indicated that to rule differently would allow defendants to stop class actions by "picking off" the plaintiffs who bring such lawsuits.

Counterclaims Don't Count in Determining Amount in Controversy

100 dollar bills in diagonal rows.jpgThe amount of money at stake in a court case helps to determine which court has jurisdiction over a matter. But, what happens, when the amount being fought over balloons after the parties start suing each other? Maryland's Court of Special Appeals answered that question in McKlveen v. Monika Courts Condominium.

Contingency Fees

Law Books upright on a shelf.jpgAlthough used for years by attorneys in personal injury and many other types of cases. Contingent fees still draw scrutiny and create controversy.

Courts Side with Debt Collector in Calls to Brother-in-Law of Debtor

Do Not Call Icon 2.jpgCalls from debt collectors are stressful. One Maryland man - contacted about a debt that belonged to his sister-in-law - decided to take matters into his own hands and sue the debt collector that called him about the matter. Michael C. Worsham took Accounts Receivable Management, Inc. (ARM) to court alleging violations of several state and federal debt collection laws. ARM is a debt collection company.

Maryland Federal Trial Court Decides to Transfer Auto Accident Case to Delaware

Truck riding on highwy.jpgA federal trial court in Maryland has sent an auto accident case to Delaware because the defendant, a landscaping company that sits on the Maryland-Delaware border, did not have enough contact with the state of Maryland for the case to be heard in Maryland's court system. Delaware Landscape Construction, LLC's (DLC) motion to dismiss was granted, but only to the extent that the Maryland court transferred it into a Delaware-based federal trial court.

Maryland Woman's Lawsuit Over Consumer Report Thrown Out of Court

Satellite Dish.jpgA Maryland woman's attempt to take a satellite television provider to task for pulling her credit report without her permission has been dismissed by a federal trial court. The United States District Court for the District of Maryland said Christina L. Suit failed to put forth the facts needed to support her claim.

The Role of Expert Witnesses

Cross examination text book on its side.jpgExpert witnesses play an important role in trials. An expert witness or professional witness is an individual who testifies in a court case to help explain technical, scientific or medical matters. The witness is classified as an 'expert' because he/she possesses specialized knowledge about matters involved in the lawsuit.

How Ratings in Workers' Comp Cases Are Done

Handicap Cracks-thumb-250x167-57655.jpgMaryland was the first state to put into place workers' compensation laws, passing such a law in the early 1900s. All Maryland employers are covered under workers' compensation insurance or have insurance in place to satisfy such claims. Injured workers seeking workers' compensation benefits have to show that the injury or illness is work-related. In most instances, if you were doing something for the benefit of your employer and you were injured or became ill as a result of that activity, then your injury or illness is work-related and you can receive benefits.

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