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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%...
How much does it cost to go to trial in a custody case and divorce case in Maryland?
I am often asked by clients how much will it cost for my custody and divorce to go to trial. Depending upon the circumstances of your case, a client should expect to spend about $50,000 to $60,000 on a custody trial and an additional $30,000 to $40,000 on a divorce...
Garnishing Social Security Benefits in Maryland to Enforce an Alimony Arrears Judgment
In Maryland, it is all too common for an ex-spouse not to pay his or her alimony obligation. When a party accrues an alimony arrears, the payee or recipient spouse can file a motion to obtain a judgment for the alimony arrears. A money judgment for alimony arrears...
In Maryland, you have 12-years to enforce or renew a judgment
A common questions is how long does a person (aka judgment creditor) have to enforce a money judgment in Maryland. A person has 12-years to enforce a money judgment against the judgment debtor. Maryland Courts & Judicial Proceeding section 5-102(a)(3). If the...
What are the disadvantages of hiring a large law firm in Montgomery County, Maryland?
As explained in a prior post, about 20% of all attorneys in Maryland are sole practitioners and about one-third of all attorneys work at law firms with 10 or less attorneys. http://stewartsutton.com/about-20-of-maryland-attorneys-are-solo-practitioners. While complex...
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Germantown, MD | Gaithersburg, MD | Boyds, MD | Damascus, MD | Poolesville, MD | Rockville, MD | Montgomery Village, MD | Kentlands
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