In the case of Mayor and City Council of Baltimore v. Stokes, a stop sign at the intersection of North Mount Street and Edmondson Avenue had fallen down. The drivers of two vehicles suffered injuries in an accident which occurred after the stop sign fell. Among other things, the Court of Special Appeals held that both drivers had a duty to approach the intersection with […]
In the case of Fitzzaland v. Zahn, an appeal of a Frederick Circuit Decision by Judge Niklas, the Maryland Court of Special Appeals ruled that child support was properly awarded for an adult autistic dependant child who may be able to work in the future. In Fitzzaland, the dependant at issue displayed vocational proficiency in a number of areas. In addition, the dependant had worked […]
The case of J.E. Dunn Const. Co. v. S.R.P. Development Ltd. Partnership decided by Judge Chasnow of the U.S. District Court for the District of Maryland essentially held, in dismissing a counterclaim, that a contractor (in this case an independent project manager who contracted directly with a subcontractor for performance of the non-management construction work) is owed no duty by that subcontractor not to circumvent […]
In the recent case of Reynolds v. Reynolds, the Maryland Court of Special Appeals denied a husband’s request to overturn a trial judge’s ruling that failed to credit $30,000 to $40,000 in income to his wife for purposes of calculating alimony. The wife in Reynolds was a trained lawyer that had attended Yale Law School and earned an annual income of $120,000 in the mid […]
Are you a subcontractor trying to get paid on a federal government project? You may or may not be aware that there is a bond that insures payment even if the party you contracted with evades payment or has no funds with which to make payment. In order to get paid for your work, however, you may have a limited amount of time within which […]
When parents live far apart, in different states, it is often critical which state’s court has jurisdiction over a disputed custody case. The state that has jurisdiction will have the dispute heard in the courts located in that state. Thus, the unlucky parent who lives in a state that does not have jurisdiction will likely have to travel (along with witnesses) to the state with […]
Judge Mannes of the Maryland Bankruptcy Court has ruled that a proof of claim must be filed in order to strip a junior mortgage. Mortgages can be turned into unsecured claims in a chapter 13 case. In many cases, a bankruptcy filer can pay a small portion of a second mortgage or home equity loan in a period of less than five years and never […]
An Illinois Bankruptcy Judge has ruled in In re 3RC Mechanical & Contracting Services, LLC that a pay when paid clause in the contract between the prime contractor and a first tier subcontractor contractor creates the possibility that the clause could be enforced against a second tier subcontractor even though this clause was not in the contract between the first tier subcontractor and second tier […]
It is commonly known that bankruptcy stops garnishments. However, did you know that you can get money back that has been garnished if you file bankruptcy? A person filing bankruptcy will often get back money that his employer or a bank is holding. The bankruptcy filer can also recover funds taken in the 90 days prior to filing bankruptcy. Call our office and find out […]
Often relying on “forum selection clauses” in contracts, law firms will bring suits against consumers in a state or county which the consumer neither lives in nor signed the contract in. This conduct violates the Fair Debt Collection Practices Act. If this happens to you, contact attorneys experienced in consumer law (such as Wampler & Souder) right away.