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Archive for the ‘Discovery’ Category

New Expert Designations Opinion

Monday, January 3rd, 2011

By Maryland Injury Lawyer Blog, Maryland Injury Lawyer Blog.

Last week, the Maryland Court of Special Appeals decided Logan v. LSP Marketing, a lead paint case in Baltimore City.

In this case, Plaintiff did not answer discovery. Defense lawyers, who I believe were the Leder Law Group in D.C., filed a motion to compel. In what is regrettably a common practice in Maryland, the motion to compel got Plaintiff to answer the discovery and their response was "hey, this is moot, we answered now." Defendant's counsel, to their credit, wrote a reply saying the answers were insufficient in part because Plaintiff wrote garden variety broad designations of experts. The motion was granted but a more detailed expert designation never came.

So before trial, Defendant sought to strike the experts. Baltimore City Judge Kaye A. Allison struck Plaintiff's experts from testifying at trial. When the case went to trial, Judge John P. Miller denied the motion to reconsider Judge Allison's motion. Which left Plaintiff with no case and Judge Miller granted Defendant's motion for summary judgment.

Originally posted at Maryland Injury Lawyer Blog. Please visit http://www.marylandinjurylawyerblog.com/.