Author Archives: Jay Butchko

Premises Liability Claims in Maryland
Sadly, injuries due to shootings and other security issues on property, including at schools, are becoming more and more common, including here in Maryland, where students and staff have been injured after shootings in Baltimore, for example, due to inadequate security being in place. While the Maryland Tort Claims Act places a damage cap… Read More »

New Federal Hours of Service Regulations Likely to Increase Large Truck Crashes
Many have expressed concerns over the new federal hours of service regulations, which are set to take effect in late September, and which provide trucks with a significant amount of flexibility, allowing them to drive for longer periods of time in adverse weather conditions, eliminate certain breaks, and expand the number of trucks that… Read More »

Your Right to Protest and “Unlawful Assembly” Charges
There is no question that, in recent months, America has seen widespread protests denouncing police brutality, including here in Maryland, which has had thousands of people march in demonstrations statewide just over the death of George Floyd alone in cities such as Baltimore and Annapolis. In response, both local and federal law enforcement have… Read More »

A Close Look at COVID-19 Injury Claims for Customers & Employees in Maryland
Premises liability claims as a result of the coronavirus pandemic have already been filed in Maryland and in other parts of the country, with a number of plaintiffs arguing that they contracted COVID-19 after being exposed to the virus while visiting and/or working at a specific property, all due to the property owners’ negligence… Read More »

Study Shows That Police Exhibit “Persistent Racial Bias” In Traffic Stops and Searches & Seizures
We’ve previously discussed just how important it is to know your rights when it comes to being pulled over by the police in a traffic stop, as well as being potentially subject to search and seizure on the streets. With a number of confrontations occurring between police and citizens every day, knowing not only… Read More »

With Thousands Being Arrested at Protests, It Is Imperative That You Know Your Rights
With protests taking place around the country, the issue of how, exactly, one interacts with police, and how this can affect you as a potential criminal defendant has rarely been as relevant as it is right now. Whether you are exercising your First Amendment right to assemble and express yourself through protest, being pulled… Read More »

Diabetes Drug Metformin Recalled Due to Potentially Causing Cancer: Is Litigation Next?
In mid-June, yet another company recalled diabetes drug Metformin due to possibly containing dangerously high levels of NDMA, a cancer-causing ingredient. The FDA already previously called on a number of manufacturers to recall the drug due to its associated cancer risk. According to some experts, part of the problem is the extended-release formulation of… Read More »

What is Contributory Negligence?
To understand contributory negligence, it helps to have a better understanding of negligence generally. Negligence is a remedy provided through tort law for those injured by the negligent conduct of another. Negligent conduct can be intentional or unintentional and is assessed based on a number of factors. The majority of personal injury claims arise… Read More »

What Should I Do if the Police Pull Me Over?
In Maryland, the standard for pulling someone over is reasonable, articulable suspicion that a traffic offense or a crime is in the process of occurring or has occurred. Driving under or over the speed limit, with equipment violations like a broken headlight or taillight, or committing a traffic offense, such as failure to signal,… Read More »

What Are Bench Warrants?
A bench warrant is issued by the judge “from the bench” usually when a party fails to appear for a court date. An arrest warrant is issued at the start of a case. If you are issued a citation or a summons, or arrested, you are will be ordered to appear at court at… Read More »