Maryland Law recently changed to allow a divorce if the parties: a. mutually consent to divorce b. do not have any minor children in common c. execute, sign and submit to the court a written settlement agreement relating to alimony and the distribution of property d. do not file a pleading to set aside the settlement agreement prior to the divorce hearing e. appear before the court […]
Linda Carter (not the famous actress) sued the State of Maryland after allegedly being electrocuted in the Baltimore City courthouse. Ms. Carter had a Medtronic neurostimulator implanted in the middle of her back to alleviate her back pain injuries. She claimed that courthouse metal detectors caused her to be electrocuted when she passed through them or they passed over her. She sued the State under […]
The recent case of State Auto. Mut. Ins. Co. v. Old Republic Ins. Co. decided by Judge Richard Bennett of the Maryland Federal District Court involves a fascinating analysis of a Maryland commercial general liability insurance policy. At issue was an insurer’s duty to pay attorney’s fees to defend against a lawsuit when an HVAC system went bad. In this case, otherwise non-defective components in […]
An oldie but a goodie — this New York Times article talks about the difficulty in getting rid of student loans in bankruptcy: http://www.nytimes.com/2012/09/01/business/shedding-student-loans-in-bankruptcy-is-an-uphill-battle.html?pagewanted=all
Magistrate Judge Stephanie Gallagher of the United States District Court for the District of Maryland recently held that a woman who fell in a display boat at a boat show has established a sufficient claim to proceed to trial. In the case of Schneider v. Ed’s Marine Superstore, Inc., a woman was injured when she slipped and fell in a boat. She claimed the boat […]
In the case of Friedetzky v. Hsia, a New York resident was alleged to be the father of a child in a custody action brought in Maryland, by the child’s mother. The New York resident requested a paternity test and engaged in financial discovery before admitting he was the child’s father. Thereafter, the mother amended her complaint and sought child support and, as a result, […]
In the Washington, D.C. case of Mason Builders, Inc. v. Bancroft Const. Co., a prime contractor was alleged to have induced one of its subcontractors to fire a lower tier subcontractor, namely D.C. Mason Builders, who was working for the subcontractor. D.C. Mason Builders asserted that its work was proper and that the basis for its termination was racial discrimination. The United States District Court dismissed the […]
The case of Cofield v. The City of Baltimore involved allegations of police brutality (assault, false arrest, false imprisonment, etc.). However, the United States District Court for the District of Maryland dismissed the case largely because the Plaintiff waited too long to file it. The court held that both the state and federal claims were governed by the Maryland statute of limitations (legally imposed time […]
When a parent flees to another country with a child to evade the other parent’s custody rights, the Hague Convention, generally requires the child’s immediate return so that custody rights can be determined in the child’s country of residence. However, the United States Court is not bound to order the return of the child if there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place […]
In the case of State v. Manion, an unlicensed home improvement contractor was given a sentence by the trial court of 65 years with 30 years suspended for taking deposits from homeowners, not performing work and lying about his credentials (among other things). The decision was overturned by the Maryland Court of Special Appeals which indicated that there was not enough evidence of intent. The […]