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Maryland AG asks to hire 5 law firms to help with Key Bridge litigation

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Maryland AG asks to hire 5 law firms to help with Key Bridge litigation


The Maryland Office of the Attorney General is seeking authorization to hire five law firms to assist in what is expected to be a lengthy and complicated legal fight following the collapse of the Francis Scott Key Bridge.

In a written request, Attorney General Anthony Brown asked the Maryland Transportation Authority to approve a “contingent fee provision,” meaning that the firms would be paid out of money recovered from the bridge litigation.

The transportation authority unanimously approved the request a special board meeting at 4 p.m. Monday. Next up is Maryland’s Board of Public Works, which must also approve the payment arrangement at its meeting on Wednesday.

The five law firms are Kelley Drye & Warren LLP and Liskow & Lewis APLC, both based in Houston, Texas; Downs Ward Bender Herzog & Kintigh P.A., a Hunt Valley firm; the Lanier Law Firm, based in New York; and Partridge LLC, a New Orleans firm.

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The group “has the right mix of maritime litigation, insurance and other expertise and experience we need to pursue and protect the state’s interests in this critical matter,” Brown told the transportation authority.

 

The attorney general’s office began searching for assistant counsel to help with the case early last month. It received 34 proposals involving 63 law firms, including 14 proposed joint ventures with multiple firms.

The container ship Dali struck the Key Bridge on the early morning of March 26, sending the span tumbling into the Patapsco River and killing six members of a construction crew who were working on the bridge. The ship’s owner and manager, both companies based in Singapore, quickly filed notice that they would try to cap their liability in the crash at $43 million, roughly the value of the Dali and its cargo.

Parties with claims against the ship will try to stop the companies from limiting their liability, a process that takes place in federal court. So far, the city of Baltimore and a publishing company have filed claims as part of the action, but more are expected by the court’s deadline of Sept. 24.

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The attorney general’s office plans to seek financial recovery for the damages suffered by the state of Maryland in the crash. It would pay the five law firms on a sliding scale depending on how much money the state recovers and how long the litigation lasts.

The firms would not receive any compensation if the state recovers less than $350 million, the amount of a payout from Chubb, the state’s insurance provider for the Key Bridge.

“This is a unique legal matter and it is difficult to compare the fee schedule to that used in other litigation,” the attorney general’s office wrote in its proposals. “The fee schedule is favorable compared to the arrangements offered by other firms considered for this engagement.”

Building a new Key Bridge could cost up to $1.9 billion, according to estimates released earlier this month. President Joe Biden has pledged the federal government will pay to replace the bridge, and much of the legal wrangling over the collapse will center on recouping that money in the form of damages.

With insurance claims expected to top $1 billion, the bridge collapse could rival or top the maritime industry’s largest-ever financial loss.

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This story will be updated.



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USPS driver charged with manslaughter in crash that killed Montgomery County woman

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USPS driver charged with manslaughter in crash that killed Montgomery County woman


It was a summer morning last July when 64-year-old Mairi Morrison set out for her daily walk, not knowing it would be her last.

Surveillance video shows a USPS mail truck pulling out of a gas station in Kensington, Maryland, right as Morrison was crossing the driveway.

After the USPS driver hit Morrison, he kept driving forward for 4 seconds and then backed up for 6 seconds, all with her body still underneath the van, according to court documents.

“I feel her loss every single day and I try not to imagine, but it’s not easy, how painful and horrific her death ended up being,” Morrison’s sister, Catriona Morrison, told News4 by phone.

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The driver of the mail truck was 26-year-old Oscar Pedrozo from Silver Spring. Montgomery County prosecutors have now charged him with criminally negligent manslaughter, a misdemeanor.

Court documents show Pedrozo told police in an interview he heard a thump and felt a vibration, and thought someone ran into him.

He admitted he had earbuds in and was listening to music, but he said the volume was low and that he could still hear his surroundings.

“I am relieved the driver is being held responsible. I also feel, of course, sadness and a renewed sense of how much has been needlessly lost,” Catriona Morrison said.

Mairi Morrison was an attorney. Her sister said she enjoyed reading, traveling and giving pro-bono legal assistance.

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“If somebody needed legal help, she would just throw herself into the cause and work tirelessly for them free of charge,” she said.

Court records show Pedrozo posted bond on Thursday.

If convicted, he could face up to three years behind bars.

Pedrozo’s trial is scheduled for May 14.

“The individual is still an employee with the U.S. Postal Service,” USPS said in a statement to News4. “Pursuant to postal policy, we do not discuss internal personnel matters, and we cannot further comment on the status of this employee.”

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Showers and falling temperatures across Maryland Friday

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Showers and falling temperatures across Maryland Friday



A strong cold front crossing Maryland Friday will bring us a shock to the system. Temperatures will turn dramatically colder late Friday through Saturday. 

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Turning chilly, showery weather Friday across Maryland

Morning temperatures continue to fall across Maryland as a cold front crosses the state. You’ll need your umbrella at times Friday, but the day isn’t a washout. The greatest chance of rain is now through 10 a.m. Friday. There will be a pause in the shower activity late morning through early afternoon with cloudy skies, breezy, and chilly weather.

A second batch of showery weather will arrive after 2 p.m. and last through about 6 p.m. This second round of showers will be more focused for areas along and south of I-70. Showers will quickly taper off by early evening as temperatures continue to fall. 

A few scattered snow flurries cannot be ruled out as the core of the cold air arrives late Friday evening. Overnight lows Friday into Saturday morning will fall into the lower 30s with wind-chills dropping into the 20s.

Weekend starts cold, but turns milder in Baltimore 

Morning temperatures both Saturday and Sunday will start off in the lower 30s. Saturday will feel colder though with a gusty wind out of the northwest at 10 to 20 mph. Saturday will be the colder of the two weekend days with highs only in the upper 40s. The O’s game Saturday afternoon will feature chilly sunshine with temperatures in the middle 40s. You’ll need to dress for winter. 

Sunday starts cold, but will turn milder during the afternoon. Look for a mostly sunny sky with winds turning gusty out of the southwest at 10 to 20 mph. Highs by Sunday afternoon will top out around 60°. The O’s game Sunday afternoon will still feel quite  cool with the gusty breeze, so make sure you’re wearing a spring jacket, but also have the sunglasses. 

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Warmer, scattered storms possible in Maryland next week

Temperatures continue to warm up through the early part of next week as a chance of scattered rain returns to the forecast.

Clouds and a few showers will keep temperatures in the low to middle 70s on Monday. The warm front should lift north of the area on Tuesday allowing temperatures to warm into the lower 80s with mainly dry weather.

 Wednesday’s temperatures will soar into the lower to middle 80s ahead of a strong cold front that arrives Wednesday evening. Showers and gusty thunderstorms will be possible late Wednesday into Wednesday night. Behind the cold front, temperatures will be cooler Thursday and Friday with the chance for showers. 



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Maryland high court rejects municipal climate change damages suit

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Maryland high court rejects municipal climate change damages suit


Maryland’s highest court on Tuesday dismissed several local government claims to recover damages against several large energy companies for harm created by climate change, finding that federal law preempts the case and state law does not support it.

The case dates to 2018, when the city of Baltimore filed a lawsuit against the energy companies, alleging that their decades-long activities contributed to climate-related damages to the city. Anne Arundel County and Annapolis filed similar lawsuits. After a number of procedural disputes over several years, in part over federal jurisdiction and venue, the case arrived in Maryland state courts and consolidated on appeal.

In a consolidated decision, Maryland’s Supreme Court upheld the dismissal of the local government suits against the energy companies. Plaintiffs had alleged that the companies contributed to climate change through the production and promotion of fossil fuels, asserting state law claims including public nuisance, trespass, and failure to warn.

The court determined that state claims were displaced by federal common law regarding interstate pollution and further preempted by federal legislation, including the Clean Air Act. According to the court, allowing state tort actions to go forward would interfere with a comprehensive federal regulatory scheme regarding greenhouse gases.

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The court also found that even if these claims were not preempted, they would not succeed on other grounds. The court emphasized the difficulty in proving causation between large scale activity’s localized effects and concerns regarding the timing of the alleged injuries.

The decision is a substantial roadblock for state and local governments looking to recover costs related to climate change. It is also one in a growing line of case law that limits state court ability to address global emissions.



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