Terren Curtis thought he was smart enough to act as his own attorney in a bankruptcy case. Admittedly he was pretty smart; smart enough to appeal a bankruptcy court decision to the U.S. District Court. Unfortunately, he still lost his appeal. Mr. Curtis simply did not have the ability to properly prepare a Motion to Avoid a Judicial Lien. As a result, he ran out […]
We are often asked by clients to draw up a document appointing a temporary guardian for their children. Unfortunately, the only document which is provided for under the Maryland Code is a document which appoints a standby guardian for six months in the event a physician determines the parent is mentally incapacitated or physically debilitated. If you know you are going to need a temporary […]
In Maryland, striking a pedestrian walking in a crosswalk is a serious crime which can result in a fine of $500 or imprisonment for 2 months. A violation of a statute such as the one requiring an automobile to yield the right of way is also prima facie evidence of negligence. However, since Maryland has adopted the doctrine of contributory negligence, all pedestrians may need […]
In the case of Sari v. America’s Home Place, Inc., which was decided by Judge Gerald Lee in the United States District Court for the Eastern District of Virginia, a homeowner copyrighted the plans which were used to build a new home. When the builder built another home that the homeowner believed was similar to his, the homeowner sued the builder for copyright infringement. The court not […]
In an unpublished opinion in the United States Court of Appeals for the Fourth Circuit case of Mclain v. KBR, Inc., the appeals court upheld a Federal District Court decision which dismissed a claim against an electrician under the False Claims Act. The appeals court emphasized, that after two tries, the party bringing the case could not, “describe the time, place, and contents of the […]
Conover v. Conover is a recently decided case by the Court of Special Appeals involving a lesbian couple. In that case, a spouse, who was neither the biological nor adoptive parent, of a child conceived (through artificial insemination), before the marriage, was determined to have no parental rights, including even visitation rights with the Child. This, despite the fact that the estranged couple were involved in […]
Maryland Law recently changed to allow a divorce if the parties: a. mutually consent to divorce b. do not have any minor children in common c. execute, sign and submit to the court a written settlement agreement relating to alimony and the distribution of property d. do not file a pleading to set aside the settlement agreement prior to the divorce hearing e. appear before the court […]
Linda Carter (not the famous actress) sued the State of Maryland after allegedly being electrocuted in the Baltimore City courthouse. Ms. Carter had a Medtronic neurostimulator implanted in the middle of her back to alleviate her back pain injuries. She claimed that courthouse metal detectors caused her to be electrocuted when she passed through them or they passed over her. She sued the State under […]
The recent case of State Auto. Mut. Ins. Co. v. Old Republic Ins. Co. decided by Judge Richard Bennett of the Maryland Federal District Court involves a fascinating analysis of a Maryland commercial general liability insurance policy. At issue was an insurer’s duty to pay attorney’s fees to defend against a lawsuit when an HVAC system went bad. In this case, otherwise non-defective components in […]
An oldie but a goodie — this New York Times article talks about the difficulty in getting rid of student loans in bankruptcy: http://www.nytimes.com/2012/09/01/business/shedding-student-loans-in-bankruptcy-is-an-uphill-battle.html?pagewanted=all