Emily Malarkey has represented injury victims for her entire legal career.
Emily has a busy practice in the areas of medical negligence, wrongful death, and other catastrophic injury. She has extensive jury trial experience, including cases with verdicts in excess of $1 million, and has represented clients in numerous appeals that have gone on to create published law. She is a member of the American Board of Trial Advocates (ABOTA), a national organization recognizing accomplished trial lawyers.
Emily is the President of the Maryland Association for Justice, the trial lawyers’ organization for the State of Maryland. In addition to regularly appearing as an educational speaker on behalf of MAJ, Emily has served as the chair of the Medical Negligence Section, and regularly testifies on behalf of MAJ before the Maryland General Assembly regarding issues related to the civil justice system. She has been named a Rising Star or Maryland Super Lawyer every year since 2010.
Emily graduated summa cum laude from the University of Maryland College Park, and received a law degree with honor from the University of Maryland School of Law. She is admitted to practice in all Maryland and D.C. federal and state courts, as well as the United States Court of Appeals for the Fourth Circuit. She lives in Lutherville with her son, daughter, husband, and rescue pup, and spends her free time cooking, walking the beach, and watching kids sporting events.
Education
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University of Maryland Francis King Carey School of Law, J.D., 2005, With Honor
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University of Maryland, College Park, B.A., 2002, summa cum laude
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Notre Dame Prepatory School, 1998
Admissions
- Maryland, 2005
- Washington, D.C., 2010
Honors
- Associate, American Board of Trial Advocates (ABOTA)
- Maryland Super Lawyers, 2022 to 2023
- Maryland Super Lawyers Rising Star – 2010 to 2021
Related Practices
Presentations
Fundamentals of Informed Consent, Lorman Education Services (March 2013)
Choosing your Expert, Maryland Defense Counsel Trial Academy (April 2013)
Effective Trial Technology, Maryland Employment Lawyers Association (November 2013)
Preserving the Appellate Record at the Trial Court, Maryland Legal Aid (April 2017)
The Genetic “Causation” Defense in Brain Injury Cases, Maryland Association for Justice (November 2017)
Mock Jury Trial, Medical Malpractice, Maryland Association for Justice (February 2019)
Trial Examination of Expert Witnesses, Maryland Legal Aid (October 2020, October 2021)
Wrongful Death Settlement Releases, Maryland Association for Justice (April 2021)
End Distracted Driving, presentations to high school and college students through www.enddd.org and The Casey Feldman Foundation (2014 to present)
Publications
Malarkey, Emily C., Sexual Assault Tort Cases, Trial Reporter, Maryland Association for Justice (Summer 2018)
Malarkey, Emily C., The “20% Rule” is a Fatal Flaw for Expert Witnesses in Medical Negligence Cases, Trial Reporter, Maryland Association for Justice (Special Issue 2019)
Malarkey, Emily C., The “Related Specialty” Requirement, Trial Reporter, Maryland Association for Justice (Special Issue 2020)
Selected Published Appellate Cases
Laboratory Corp. of America v. Hood, 395 Md. 608 (2006)
Maddox v. Stone, 174 Md. App. 489 (2007)
Kerns v. U.S., 585 F.3d 187 (4th Cir. 2009)
Hersl v. Fire & Police Employees’ Retirement System, 188 Md. App. 249 (2009)
Hashmi v. Bennett, 416 Md. 707 (2010)
Tempel v. Murphy, 202 Md. App. 1 (2011)
Wantz v. Afzal, 197 Md. App. 675 (2011)
Mummert v. Alizadeh, 435 Md. 207 (2013)
Meyers v. Lamer, 743 F.3d 908 (4th Cir. 2014)
Parker v. Hamilton, 453 Md. 127 (2017)