» Lead Paint Poisoning

Allocation of lead paint poisoning liability under Maryland law

In Pennsylvania Nat. Mut. Cas. Ins. Co. v. Roberts, No. 10-1987 (4th Cir. Feb. 3, 2012), the Court considered an insurer's allocation of liability, under Maryland law, for a $850,000 judgment arising from lead paint poisoning, where the insurer's time on the risk was only a fraction of the plaintiff's expo…

STATUTORY IMMUNITY FOR PROPERTY OWNERS IN LEAD PAINT CASES HELD UNCONSTITUTIONAL

In Zi’Tashia Jackson, et al, v. The Dackman Company, et al., No. 131, Sept. Term 2008 (Oct. 24, 2011), the Court of Appeals declared that the provisions in the Reduction of Lead Risk in Housing Act (Md. Code Ann. Environment sec. 6-801, et seq.) which grant the owners of certain rental properties, under specified cond…

Countering A Plaintiff’s Counsel’s Minimal Expert Witness Disclosures in Lead Paint Litigation

In the Jamal Logan v. LSP Marketing Corp., et al., the Court of Special Appeals upheld the trial court’s granting of an order in a lead paint case precluding all but one of plaintiff’s 12 experts as a sanction for failure to comply with Md. Rule 2-402(g) (i.e. failing “to state the subject matter, substanc…