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In Maryland, a penalty clause for adultery in a post-nuptial agreement is enforceable.
On August 30, 2023, the Maryland Supreme Court held that a post-nuptial agreement that contains a penalty clause (also called a "bad boy" clause) for adultery is enforceable. See Lloyd v. Niceta, __ Md. ___ (2023). The parties' post-nuptial agreement provided that...
Obtaining non-monetary compensation in a personal injury case
When settlement discussions reach an impasse on monetary compensation in a personal injury case against a major corporation, the plaintiff and his or her attorney should request non-monetary compensation, such as gift cards or tickets to a corporate sponsored sporting or entertainment event.
Maryland eliminates all fault grounds for divorce
On October 1, 2023, Maryland will eliminate all fault grounds for divorce, including adultery, desertion, and cruel and vicious conduct. There will now be only three no-fault grounds for divorce in Maryland: (a) 6 month separation; (b) irreconcilable differences; and...
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...
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...
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