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De Facto Parents in Maryland
De facto parents in Maryland have the same rights and status as biological and adoptive parents.
In personal injury cases, the employee and the employer needed to be named as defendants
There are a thousand ways to commit legal malpractice, including not suing the proper party. A person suffered serious personal injuries when he was by a Montgomery County police officer, who had run a right light. The victim's attorney timely provided written...
Will Maryland enforce a monetary penalty for adultery in a post-nuptial agreement?
In Lloyd v. Niceta, __Md.App. ___ (2022), the Maryland Court of Special Appeals addressed the issue as to whether a monetary penalty for adultery in a post-nuptial agreement was enforceable. The parties' post-nuptial agreement provided that the husband would pay $7...
In Maryland, emotional distress damages can be recovered for harm to property in two situations.
The general rule in Maryland is that a person cannot recover emotional distress damages caused by witnessing or learning about harm to their property. For example, a person arrives home to discover that their classic 1967 Ford Mustang had been destroyed by a...
Personal injuries claims against stores in Maryland and the application of contributory negligence
The recent Maryland appellate decision of Cador v. Yes Organic Market Hyattsvile, Inc. (February 1, 2022) addressed the application of contributory negligence of a customer who suffered a personal injury when she slipped and fell on a wet floor in a super...
Maryland Court of Special Appeal now allows self-represented (pro se) parties to file an informal brief in family law cases
The Maryland Court of Special Appeals (COSA) now allows pro se appellants to file an informal brief in family law and certain other cases. The comment to Maryland Rule 8-502(a)(9) rule states: "Informal briefing in the Court of Special Appeals is intended to provide...
Can emails be subpoenaed from an electronic service provider, such as gmail, hotmail, or yahoo?
In divorce or civil litigation, sometimes a party tries to subpoena a third party's emails from an electronic service provider, such as gmail, hotmail, or yahoo. A civil subpoena served on a service provider for the production of emails violates the Electronic...
Acquisition of property via adverse possession in Maryland
In 2021, Stewart A. Sutton was retained to resolve a property line issue in Montgomery County, Maryland. In the 1980s, the same person owned adjoining lots. The owner added a garage to his home on Lot 1. Because the corner of the garage was too close to the...
Maryland’s highest court affirms $10,000 cap on damages to household pets
Maryland Courts and Judicial Article section 11-110 states that an owner of a household pet may recover up to $10,000 in damages when his or her pet is injured or dies. Damages include the fair market of the pet, if the pet dies, and the reasonable cost of...
Assessing risk in litigating personal injury cases in Maryland
Maria Konnikova in her new book, "The Biggest Bluff: How I learned to Pay Attention, Master Myself, and Win", recounts how she became a professional poker player. She explained that poker is a game that balances luck and skill. In poker, the best hand only wins 12%...
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Germantown, MD | Gaithersburg, MD | Boyds, MD | Damascus, MD | Poolesville, MD | Rockville, MD | Montgomery Village, MD | Kentlands
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