White Paper, November 2017. Leder & Hale prepared this outline of selected DC legal issues as an aid to issues claims people commonly encounter.

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White Paper, November 2017. Leder & Hale prepared this outline of selected Maryland legal issues as an aid to issues claims people commonly encounter.

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Jeanie Ismay recently wrote an article that made it to the cover of The Defense Line magazine. The full article can be found here.

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The Importance of the Environmental Source Expert. Written by Jeanie Ismay in July 2016; published in DRI – The Voice of the Defense Bar.

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The duty to defend forms the backbone of the insurance defense industry, but what do we know about it? How do we measure the duty? What are the consequences of failing to defend?

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This article appeared in the 50-state summary Insurance Bad Faith: A Compendium of State Law.  Written by Steven E. Leder in November 2015.

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The Leder Law Group, PC, the Baltimore-based litigation firm, is pleased to announce that it has changed its name to Leder & Hale, PC to reflect Thomas W. Hale’s prominence and leadership in the legal community and his leadership in the firm.

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An insurer’s duty to defend is triggered when three conditions are met: (1) where it contracts to defend in the policy; (2) where a “suit” has been filed against an insured.

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In 2013, the Maryland Court of Appeals and Court of Special Appeals issued several opinions which have had a direct and immediate impact upon litigating lead poisoning. These appellate decisions address requirements for expert opinion.

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Analyzing the necessity of expert testimony with respect to “Substantial Factor” causation in lead paint actions: Ross v. Housing Authority of Baltimore City.

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Maritime law traces its roots to ancient times and developed separately from the more familiar common law. Article III of the Constitution recognized the importance of maritime law by vesting jurisdiction in the federal courts.

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Of  the  three potential  bases  for insurance  company  bad  faith: statute,  contract, or  tort,  the  District  of  Columbia  has, so  far, recognized  only  breach  of  contract.

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In  Maryland,  there  is  a  common  law  cause  of  action  for  third-­party bad  faith refusal  to  settle  within  policy  limits  and  a  statutory  cause  of  action  for  first-­party failure  to  settle  in  “good faith”

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This article written by Leder & Hale provides a comprehensive, step-by-step approach to investigating a lead-paint claim.

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The Defense Line, 2008. Unresolved coverage issues, new causes of action and changes in the standard policy forms have driven an increase in insurance coverage litigation.

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The “Commercial General Liability” (“CGL”) policy offered by the Insurance Services Office (“ISO”) forms the backbone of liability protection for business owners.

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Maryland Editor, Defense Institute. In Maryland, the attorney-client privilege and the work-product privilege protect documents from disclosure in insurance coverage and insurance bad faith litigation; however, there are limitations on this protection.

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The Defense Line.  The increase in toxic exposures has led to an increase in toxic tort lawsuits. When people become ill after exposure to or ingestion of toxic substances, they sue those who have placed them in harm’s way.

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National Business Institute. Maryland’s Consumer Protection Act (“CPA”) prohibits any person from engaging in unfair or deceptive practices in the sale, or offer for sale, of consumer goods.

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National Business Institute. Personal Jurisdiction is frequently an issue in mass toxic tort litigation. Maryland employs a two-prong test to determine personal jurisdiction over out of state residents.

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National Business Institute. Expert scientific evidence makes or breaks most toxic tort cases. Expert testimony provides the critical link to proximate cause, consisting of cause in fact and legal cause.

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CO poisoning may be acute, subacute, or chronic.  You can rebut the plaintiff’s allegations with specific knowledge of CO and facts concerning the exposure.

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Claims Magazine, May 1995.  For those settling boat claims, it is best to to keep in mind that comparative negligence and proportionate fault apply, and assumption of risk and contributory negligence do not.

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The Practical Litigator.  What happens if your client is injured while on navigable waters?  What law applies?  When does maritime jurisdiction attach?

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Claims Magazine.  The bailment relationship raises an inference of negligence against the marina operator which makes it easier for boat owners to recover for damage to their boats and more difficult for marina operators to escape liability.

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