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Full-Text Articles in Law

Litigating Intraoperative Neuromonitoring (Iom), Michael Brook, Kary Irle Jan 2016

Litigating Intraoperative Neuromonitoring (Iom), Michael Brook, Kary Irle

University of Baltimore Law Review

Statistics regarding surgical medical malpractice are staggering. The annual cost of the medical malpractice liability system has been estimated to be $55.6 billion-2.4% of the total healthcare system.' The median award for plaintiffs in actions involving spinal cords is $2.9 million, and the median value for settlements is $1.45 million. A neurosurgeon will spend approximately eleven years of his or her career with outstanding malpractice claims.

Intraoperative neuromonitoring (IOM), also known as surgical neurophysiology, is hardly a novel medical technology. In fact, it has been used in the operating room for over half a century. IOM provides real-time monitoring of …


Virtual Espionage: Spyware And The Common Law Privacy Torts, Don Corbett Jan 2006

Virtual Espionage: Spyware And The Common Law Privacy Torts, Don Corbett

University of Baltimore Law Review

No abstract provided.


Governmental Immunity In Maryland: A Practitioner's Guide To Making And Defending Tort Claims, Karen J. Kruger Jan 2006

Governmental Immunity In Maryland: A Practitioner's Guide To Making And Defending Tort Claims, Karen J. Kruger

University of Baltimore Law Review

No abstract provided.


Look What They've Done To My Tort, Ma: The Unfortunate Demise Of "Abuse Of Process" In Maryland, Jeffrey J. Utermohle Jan 2002

Look What They've Done To My Tort, Ma: The Unfortunate Demise Of "Abuse Of Process" In Maryland, Jeffrey J. Utermohle

University of Baltimore Law Review

No abstract provided.


Plaintiffs' Fault In Products Liability Cases: Why Are They Getting Away With It In Maryland?, Gardner M. Duvall Jan 2001

Plaintiffs' Fault In Products Liability Cases: Why Are They Getting Away With It In Maryland?, Gardner M. Duvall

University of Baltimore Law Review

No abstract provided.


Restating The Obvious In Maryland Products Liability Law: The Restatement (Third) Of Torts: Products Liability And Failure To Warn Defenses, Rebecca Korzec Jan 2001

Restating The Obvious In Maryland Products Liability Law: The Restatement (Third) Of Torts: Products Liability And Failure To Warn Defenses, Rebecca Korzec

University of Baltimore Law Review

No abstract provided.


A Comparison Of The Restatement (Third) Of Torts: Products Liability And The Maryland Law Of Products Liability, Robert D. Klein Jan 2001

A Comparison Of The Restatement (Third) Of Torts: Products Liability And The Maryland Law Of Products Liability, Robert D. Klein

University of Baltimore Law Review

No abstract provided.


Comments: Taking Remedial Measures To Amend Maryland Rule Of Evidence 5-407 To Explicitly Apply To Products Liability Actions, Jaime A. Walker Jan 2001

Comments: Taking Remedial Measures To Amend Maryland Rule Of Evidence 5-407 To Explicitly Apply To Products Liability Actions, Jaime A. Walker

University of Baltimore Law Review

No abstract provided.


Notes: Negligently Inflicted Emotional Distress Resulting Solely From Property Damage Is Not A Compensable Injury. Dobbins V. Washington Suburban Sanitary Commission, 338 Md. 341, 658 A.2d 675 (1995), Scott A. Mirsky Jan 1996

Notes: Negligently Inflicted Emotional Distress Resulting Solely From Property Damage Is Not A Compensable Injury. Dobbins V. Washington Suburban Sanitary Commission, 338 Md. 341, 658 A.2d 675 (1995), Scott A. Mirsky

University of Baltimore Law Review

No abstract provided.


Notes: Torts — Negligence — Damages — A Right Of Recovery Exists For Emotional Distress Injuries Arising From The Fear Of Contracting An Infectious Disease, Even When Such Injuries Are Unaccompanied By Physical Impact And The Disease Is Not Contracted. Faya V. Almaraz, 329 Md. 435, 620 A.2d 327 (1993), Laura L. Johnson Jan 1993

Notes: Torts — Negligence — Damages — A Right Of Recovery Exists For Emotional Distress Injuries Arising From The Fear Of Contracting An Infectious Disease, Even When Such Injuries Are Unaccompanied By Physical Impact And The Disease Is Not Contracted. Faya V. Almaraz, 329 Md. 435, 620 A.2d 327 (1993), Laura L. Johnson

University of Baltimore Law Review

No abstract provided.


Health Care Workers With Aids: Duties, Rights, And Potential Tort Liability, Gary I. Strausberg, Randal D. Getz Jan 1992

Health Care Workers With Aids: Duties, Rights, And Potential Tort Liability, Gary I. Strausberg, Randal D. Getz

University of Baltimore Law Review

No abstract provided.


Notes: Torts — Government Immunity — Police Officer Pursuing Suspect Owes Duty Of Care To Third Parties Injured By The Fleeing Suspect; Injured Plaintiff Can Recover From State And Political Subdivisions If Officer Was Negligent In Commencing And Maintaining Pursuit. Boyer V. State, 323 Md. 558, 594 A.2d 121 (1991), Phillip M. Pickus Jan 1992

Notes: Torts — Government Immunity — Police Officer Pursuing Suspect Owes Duty Of Care To Third Parties Injured By The Fleeing Suspect; Injured Plaintiff Can Recover From State And Political Subdivisions If Officer Was Negligent In Commencing And Maintaining Pursuit. Boyer V. State, 323 Md. 558, 594 A.2d 121 (1991), Phillip M. Pickus

University of Baltimore Law Review

No abstract provided.


Personal Liability Of Corporate Officials In Ejectment Actions: Evolution Of The Tort And The Implications Of Metromedia Co. V. Wcbm Maryland, Inc., Lawrence S. Greenwald, Charles S. Hirsch Jan 1992

Personal Liability Of Corporate Officials In Ejectment Actions: Evolution Of The Tort And The Implications Of Metromedia Co. V. Wcbm Maryland, Inc., Lawrence S. Greenwald, Charles S. Hirsch

University of Baltimore Law Review

No abstract provided.


Notes: Torts — Successor Corporations — Defective Products — Can The Law And Policies Of Strict Liability Be Reconciled With Corporate Law Policies Which Protect Successor Corporations In Order To Respond Fairly To The Legitimate Interests Of The Products Liability Plaintiff? Nissen Corp. V. Miller, 323 Md. 613, 594 A.2d 564 (1991) (4-2 Decision), Donna M.D. Macdonald Jan 1992

Notes: Torts — Successor Corporations — Defective Products — Can The Law And Policies Of Strict Liability Be Reconciled With Corporate Law Policies Which Protect Successor Corporations In Order To Respond Fairly To The Legitimate Interests Of The Products Liability Plaintiff? Nissen Corp. V. Miller, 323 Md. 613, 594 A.2d 564 (1991) (4-2 Decision), Donna M.D. Macdonald

University of Baltimore Law Review

No abstract provided.


Casenotes: Torts — Loss Of Consortium — Children Do Not Have A Cause Of Action For Loss Of Parental Consortium When A Parent Survives A Tortious Injury. Gaver V. Harrant, 316 Md. 17, 557 A.2d 210 (1989), James E. Myers Jan 1990

Casenotes: Torts — Loss Of Consortium — Children Do Not Have A Cause Of Action For Loss Of Parental Consortium When A Parent Survives A Tortious Injury. Gaver V. Harrant, 316 Md. 17, 557 A.2d 210 (1989), James E. Myers

University of Baltimore Law Review

No abstract provided.


Notes: Torts — Parent-Child Immunity: Parent-Child Tort Immunity Defense Is Applicable In Wrongful Death And Survival Actions Despite The Modern Trend Toward Abrogation Of The Doctrine. Smith V. Gross, 319 Md. 138, 571 A.2d 1219 (1990), Sallie M. Brinkley Jan 1990

Notes: Torts — Parent-Child Immunity: Parent-Child Tort Immunity Defense Is Applicable In Wrongful Death And Survival Actions Despite The Modern Trend Toward Abrogation Of The Doctrine. Smith V. Gross, 319 Md. 138, 571 A.2d 1219 (1990), Sallie M. Brinkley

University of Baltimore Law Review

No abstract provided.


Suing The Federal Government: Can The King Still Do No Wrong?, Kathleen Howard Meredith, Jennifer S. Pressman Jan 1989

Suing The Federal Government: Can The King Still Do No Wrong?, Kathleen Howard Meredith, Jennifer S. Pressman

University of Baltimore Law Review

No abstract provided.


Casenotes: Torts — Causes Of Action Exist For Negligence, Intentional Infliction Of Emotional Distress, And Fraud For Transmission Of A Sexually Communicable Disease Between Unmarried Partners. B.N. V. K.K., 312 Md. 135, 538 A.2d 1175 (1988), Glen P. Smith Jan 1989

Casenotes: Torts — Causes Of Action Exist For Negligence, Intentional Infliction Of Emotional Distress, And Fraud For Transmission Of A Sexually Communicable Disease Between Unmarried Partners. B.N. V. K.K., 312 Md. 135, 538 A.2d 1175 (1988), Glen P. Smith

University of Baltimore Law Review

No abstract provided.


Casenotes: Torts — Satisfaction — Release — Where The Terms Of A General Release Are Ambiguous With Respect To Whether The Parties Intend To Bar Suit Against A Subsequent Negligent Physician, Parol Evidence Is Admissible To Determine The Intent Of The Parties At The Time Of Execution. Morgan V. Cohen, 309 Md. 304, 523 A.2d 1003 (1987) (4-3 Decision), Mark Alan Billhimer Jan 1988

Casenotes: Torts — Satisfaction — Release — Where The Terms Of A General Release Are Ambiguous With Respect To Whether The Parties Intend To Bar Suit Against A Subsequent Negligent Physician, Parol Evidence Is Admissible To Determine The Intent Of The Parties At The Time Of Execution. Morgan V. Cohen, 309 Md. 304, 523 A.2d 1003 (1987) (4-3 Decision), Mark Alan Billhimer

University of Baltimore Law Review

No abstract provided.


Comments: Chances As Protected Interests: Recovery For The Loss Of A Chance And Increased Risk, Howard Ross Feldman Jan 1987

Comments: Chances As Protected Interests: Recovery For The Loss Of A Chance And Increased Risk, Howard Ross Feldman

University of Baltimore Law Review

Two closely related tort concepts, loss of chance and increased risk, have gained increasing, but not general, acceptance by courts. The loss of a chance of avoiding injury or disease and the increased risk of injury or disease are measureable injuries caused by negligent conduct. Loss of chance cases typically arise in the context of medical malpractice; increased risk cases often arise when a plaintiff has been negligently exposed to an element which makes him susceptible to a particular disease. This comment examines the treatment that courts have given loss of chance and increased risk cases. The author concludes that …


Casenotes: Joint Tort-Feasors — Contribution — Release — Joint Tort-Feasor's Payment For Pro Rata Release In Excess Of Its Pro Rata Share Operated To Satisfy Injured Party's Judgment Entered Against Nonsettling Joint Tort-Feasor. Martinez V. Lopez, 300 Md. 91, 476 A.2d 197 (1984), Daniel R. Lanier Jan 1986

Casenotes: Joint Tort-Feasors — Contribution — Release — Joint Tort-Feasor's Payment For Pro Rata Release In Excess Of Its Pro Rata Share Operated To Satisfy Injured Party's Judgment Entered Against Nonsettling Joint Tort-Feasor. Martinez V. Lopez, 300 Md. 91, 476 A.2d 197 (1984), Daniel R. Lanier

University of Baltimore Law Review

No abstract provided.


Comment: Duty To Warn And The Sophisticated User Defense In Products Liability Cases, Christopher P. Downs Jan 1986

Comment: Duty To Warn And The Sophisticated User Defense In Products Liability Cases, Christopher P. Downs

University of Baltimore Law Review

The sophisticated user defense provides a defense to manufacturers in products liability failure to warn cases. The defense is premised on the theory that a manufacturer has no duty to warn users of the product who have the sophisticated knowledge necessary to understand the risks associated with use of the product. Courts are in disagreement, however, as to the validity of this defense in failure to warn actions. In this comment, the author traces the development of products liability law and analyzes the application of Restatement (Second) of Torts sections 388 and 402A in failure to warn cases. The author …


Product Liability In Maryland: Traditional And Emerging Theories Of Recovery And Defense, Edward S. Digges Jr., John G. Billmyre Jan 1986

Product Liability In Maryland: Traditional And Emerging Theories Of Recovery And Defense, Edward S. Digges Jr., John G. Billmyre

University of Baltimore Law Review

In recent years, product liability law in Maryland and across the country has placed greater responsibility on the manufacturers of products causing injury. In this article, the authors review the traditional theories of manufacturer liability and discuss the novel theories being advanced to expand that liability. Also considered are the defenses available to manufacturers, both traditional and emerging. The authors conclude with the prognosis that because the pendulum has swung so far in the direction of placing greater responsibility on manufacturers, further expansion of manufacturer liability is both unlikely and inappropriate.


Bivens Actions For Federal Employees In The Aftermath Of Bush V. Lucas: Which Remedies For Whom?, Barry F. Smith Jan 1985

Bivens Actions For Federal Employees In The Aftermath Of Bush V. Lucas: Which Remedies For Whom?, Barry F. Smith

University of Baltimore Law Review

The recognition of the Bivens-style action, or the constitutional tort, has been followed by the Supreme Court's recent assertion that these actions will be unavailable where Congress has established an elaborate remedial scheme that should not be augmented by a judicial remedy. The author of this article posits that this necessary limitation on Bivens actions may produce an ironic result in the area of public personnel. The author reasons that those employees whom Congress has determined warrant no statutory protection may be permitted to pursue more lucrative judicial remedies than those employees whom Congress has sought to protect. The author …


Casenotes: Torts — Defamation — Comments Made While Petitioning A Legislative Body For A Redress Of Grievances Are Absolutely Privileged. Sherrard V. Hull, 53 Md. App. 553, 456 A.2d 59, Aff'd Per Curiam, 296 Md. 189, 460 A.2d 601 (1983), Michael A. Duff Jan 1984

Casenotes: Torts — Defamation — Comments Made While Petitioning A Legislative Body For A Redress Of Grievances Are Absolutely Privileged. Sherrard V. Hull, 53 Md. App. 553, 456 A.2d 59, Aff'd Per Curiam, 296 Md. 189, 460 A.2d 601 (1983), Michael A. Duff

University of Baltimore Law Review

No abstract provided.


Casenotes: Tort Law — Upon Request, Jurors In A Personal Injury Case Must Be Instructed That The Damages Awarded Are Not Subject To Federal And State Income Taxes. Blanchfield V. Dennis, 292 Md. 319, 438 A.2d 1330 (1982), John R. Kaye Jan 1983

Casenotes: Tort Law — Upon Request, Jurors In A Personal Injury Case Must Be Instructed That The Damages Awarded Are Not Subject To Federal And State Income Taxes. Blanchfield V. Dennis, 292 Md. 319, 438 A.2d 1330 (1982), John R. Kaye

University of Baltimore Law Review

No abstract provided.