Paramount Equity Resurfaces

“Piercing the corporate veil” or pursuing an individual for the debt of a corporation or LLC is very hard to do. This is the case even when that individual is responsible for running and deriving profit from that corporation or LLC. However, the Maryland Court of Special Appeals may have made it a bit easier. It has ruled that, where there is no allegation of […]

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Do Not Settle Without Providing Required Notice to Uninsured Motorist Carrier

The amount of automobile insurance coverage that a Maryland driver is absolutely required to have is very small. Frankly, minimum insurance coverage is inadequate in the event of serious injuries or death. Therefore, a savvy car owner will make sure that he has obtained a substantial amount of uninsured/under-insured coverage. However, in order to obtain uninsured/under-insured benefits, an injured party must proceed carefully. In the […]

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Help For Abused, Neglected, or Abandoned Children Out of Immigration Status

A special immigrant juvenile (SIJ) is a child who is abused, neglected, or abandoned and who, with their family, illegally entered the United States. The law still requires that the immigrant child obtain an order from a state court making findings that the juvenile satisfies certain criteria.  Once a state court makes an SIJ order, a child may file with U.S. Citizenship & Immigration Services […]

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If You Want to Collect From The Owner – Remember Your Time Is Limited

Judge Bredar of the United States District Court for the District of Maryland recently buttressed the well-established doctrine that a subcontractor cannot sue an owner for the debts of the general contractor by using an unjust enrichment or quantum meruit theory of recovery. The judge also held, in the case of Elite Construction Team, Inc. v. Wal-Mart, that attempts to establish a constructive trust are […]

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Under Divorce Agreement, Deferred Retirement Benefits Are the Same as Pension Benefits

The Maryland Court of Special Appeals has recently ruled that benefits in the deferred retirement option program are the same as pension benefits under divorce agreement, entitling the ex-wife to one-half of the marital share of ex-husband’s pension.

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Failing to Cross at Crosswalk is not Contributory Negligence

In the tragic case of Davis v. Board of Education, a 13-year-old child was struck and killed by a vehicle while crossing street to board school bus. A jury found that the bus driver negligently caused the child’s wrongful death by failing to stop on the side of the road where the child lived, as required by regulation. The trial judge overturned the jury’s decision […]

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Contractor Held Responsible for Injuries Caused by Truck Driven by Sub

Asphalt and Concrete Services, Inc. (“Asphalt”) contracted with owner operators of trucks to haul materials on its behalf. Asphalt thought it was contracting with an LLC when it contracted with Higher Power, LLC. As it turns out the LLC was not properly registered. Higher Power’s driver also did not have insurance. Higher Power’s truck hit a pedestrian and the pedestrian sued Asphalt. Asphalt claimed that […]

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Defendant Can be Ordered to Pay Home Improvement Restitution for Bad Check Guilty Plea

The Maryland Court of Appeals recently overturned the Court of Special Appeals and held that a judge can order a Defendant to pay thousands of dollars in restitution related to his fraudulent home improvement activities if he pleads guilty, not to home improvement charges, but instead, to an unrelated bad check charge.

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New Notice Required When Previous Foreclosure Case Filed and Dismissed

In Maryland, a mortgage lender is required to send detailed notice before filing a foreclosure case. In the case of Ramon Granados, his lender brought two foreclosure cases. Prior to filing the first case, it sent the required notice. However, it dismissed the first case. Later it filed a second case and sent no notice before this case was filed. The Maryland Court of Special […]

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