The Maryland Court of Appeals recently declined to impose dram shop liability for Maryland restaurants and tavern owners in the case of Warr v. JMGM Group, LLC. The case was handled and argued by McCarthy Wilson partner Bob Hetherington, who successfully obtained summary judgment on behalf of the defendant restaurant after it was sued under a theory of dram shop liability …
Tort Law versus Criminal Law
Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. This article discusses some of the distinctions between tort law and criminal law. Tort Law and Criminal Law, GenerallyIn a general way, the purposes of tort law and criminal law are similar. Tort …
Statutes of Limitations in Tort Cases
A statute of limitations is the time period in which a plaintiff must file a lawsuit against a defendant. A statute of limitations benefits the defendant. It gives the defendant an opportunity to defend the lawsuit while witnesses are available and while the facts are fresh in the minds of the witnesses. The plaintiff is barred from filing a lawsuit …
Federal Teacher Protection Act — Exceptions
Under the federal Teacher Protection Act (TPA), a school employee may be immune from civil liability when a student is injured as a result of the employee’s attempt to discipline or control the student. However, the TPA does not apply if: (1) the employee was not acting within the scope of his or her employment when the harm occurred; (2) …