The recent case of Oganov v. Oganov involved an appeal from a decision of Judge Cynthia Callahan of the Montgomery County Circuit Court. Judge Callahan awarded sole legal and primary physical custody to the mother. The mother appealed, apparently being concerned that the use of the language “primary physical” diminished her status as sole legal custodian. The Court of Special Appeals held that the use […]
Reginal Hill claimed he was infected with hepatitis C by an air gun inoculation in 1977. He also claimed that he did not realize this until much later and thus waited until August 2015 to file his personal injury claim. However, Judge Ellen Hollander of the United States District Court dismissed his case because she felt he had waited too long. She also determined that […]
Judge Michelle Hotten’s well-reasoned but unpublished opinion in the case of Glen Valley Builders v. Whang may finally offer hope for exploited unlicensed contractors. The Court of Special Appeals Judge recently authored an opinion for a three judge panel in a case where an unlicensed contractor sought to be paid for home improvement work guaranteed by a licensed new home builder. The facts of the […]
In the recent case of Roy v. Dackman, the Maryland Court of Appeals determined that a pediatrician was competent to testify as to the cause of lead poisoning even though he admitted that he had no direct hands-on experience with treating lead poisoning patients. The court stated, as a general proposition, in order to qualify as an expert, the witness need not possess special knowledge […]
Terren Curtis thought he was smart enough to act as his own attorney in a bankruptcy case. Admittedly he was pretty smart; smart enough to appeal a bankruptcy court decision to the U.S. District Court. Unfortunately, he still lost his appeal. Mr. Curtis simply did not have the ability to properly prepare a Motion to Avoid a Judicial Lien. As a result, he ran out […]
We are often asked by clients to draw up a document appointing a temporary guardian for their children. Unfortunately, the only document which is provided for under the Maryland Code is a document which appoints a standby guardian for six months in the event a physician determines the parent is mentally incapacitated or physically debilitated. If you know you are going to need a temporary […]
In Maryland, striking a pedestrian walking in a crosswalk is a serious crime which can result in a fine of $500 or imprisonment for 2 months. A violation of a statute such as the one requiring an automobile to yield the right of way is also prima facie evidence of negligence. However, since Maryland has adopted the doctrine of contributory negligence, all pedestrians may need […]
In the case of Sari v. America’s Home Place, Inc., which was decided by Judge Gerald Lee in the United States District Court for the Eastern District of Virginia, a homeowner copyrighted the plans which were used to build a new home. When the builder built another home that the homeowner believed was similar to his, the homeowner sued the builder for copyright infringement. The court not […]
In an unpublished opinion in the United States Court of Appeals for the Fourth Circuit case of Mclain v. KBR, Inc., the appeals court upheld a Federal District Court decision which dismissed a claim against an electrician under the False Claims Act. The appeals court emphasized, that after two tries, the party bringing the case could not, “describe the time, place, and contents of the […]
Conover v. Conover is a recently decided case by the Court of Special Appeals involving a lesbian couple. In that case, a spouse, who was neither the biological nor adoptive parent, of a child conceived (through artificial insemination), before the marriage, was determined to have no parental rights, including even visitation rights with the Child. This, despite the fact that the estranged couple were involved in […]