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.
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 […]
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 […]
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.
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 […]
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 […]