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Title firms face tort suits (access required)

BY: Kristi Tousignant
POSTED: January 29, 2013
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Title companies have potential liability beyond the boundaries of their contracts with customers, the state’s highest court held Tuesday.


Gardner Duvall: Top court casts doubt on commonly used settlement approach (access required)

BY: Gardner Duvall
POSTED: December 9, 2012
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Gardner Duvall

The settlement of litigation is a common and important facet of the administration of justice. Unfortunately, a recent decision by the Court of Appeals casts doubt on the meaning and usefulness of an ordinary approach to settlement and release in Maryland.


Law digest: 2/6/12 (access required)

BY: Daily Record Staff
POSTED: February 5, 2012
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MARYLAND COURT OF APPEALS Commercial Law, Secondary Mortgage Loan Law: The Secondary Mortgage Loan Law does not restrict a mortgage lender to a single loan origination fee, as long as the aggregate fees charged and collected do not exceed the statutory maximum set forth in CL §12–405 and lenders are only required by the SMLL [...]


Opinions – 10/24/11: U.S. District Court, Maryland

BY: Daily Record Staff
POSTED: October 23, 2011
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Civil Procedure Jurisdiction BOTTOM LINE: Notwithstanding that lawsuit was first filed by plaintiff in district court in Maryland, the pendency of a damages action in a California district court constituted good reason for Maryland district court to deviate from the “first to file” rule and decline to exercise jurisdiction, because plaintiff’s entreaty to defendants’ counsel [...]


Opinions – 10/17/11: Maryland Court of Special Appeals (access required)

BY: Daily Record Staff
POSTED: October 16, 2011
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Criminal Law Supplemental jury instructions BOTTOM LINE: The circuit court did not err in giving a supplemental jury instruction, patterned upon the definition of consent set forth in the model second-degree rape instruction, in response to a jury question asking for clarification of the definition of consent. CASE: Perez v. State, No. 2000, Sept. Term, [...]


Law digest: 8/15/11 (access required)

BY: Daily Record Staff
POSTED: August 14, 2011
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MARYLAND COURT OF APPEALS Contract Law, Waiver of conditions precedent: A party may waive, by its actions or statements, a condition precedent in a contract, even when that contract has a non-waiver clause; however, whether defendant’s actions amounted to a waiver was a dispute of material fact that could not be resolved on summary judgment. [...]


Opinions – 8/15/11: Maryland Court of Appeals (access required)

BY: Daily Record Staff
POSTED: August 14, 2011
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Contract Law Waiver of conditions precedent BOTTOM LINE: A party may waive, by its actions or statements, a condition precedent in a contract, even when that contract has a non-waiver clause; however, whether defendant’s actions amounted to a waiver was a dispute of material fact that could not be resolved on summary judgment. CASE: Hovnanian [...]


Law digest: 8/8/11 (access required)

BY: Daily Record Staff
POSTED: August 7, 2011
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COURT OF APPEALS Bankruptcy Law, Repossession: A creditor may repossess a car when a debtor has filed bankruptcy and failed to reaffirm the indebtedness if the creditor elected Credit Grantor Closed End Credit Provisions of the Commercial Law Article to govern the retail installment contract. Ford Motor Credit Company, LLC v. Roberson, Misc. No. 15, [...]


Opinions – 8/8/11: U.S. District Court, Maryland (access required)

BY: Daily Record Staff
POSTED: August 7, 2011
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Torts False arrest BOTTOM LINE: Police officer who arrested plaintiff for disorderly conduct, resisting arrest, and assault was entitled to summary judgment on plaintiff’s claim of false arrest because plaintiff failed to make a showing that officer acted contrary to the purpose for which the criminal process was later issued, which was to quell an [...]


Opinions: Court of Special Appeals – 6/13/11 (access required)

BY: Daily Record Staff
POSTED: June 12, 2011
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Criminal Procedure Probable cause BOTTOM LINE: Where police officers did not have probable cause to believe that defendant was in possession of controlled substances or drug paraphernalia found in a lockbox in an apartment he was visiting, the trial court erred in denying defendant’s motion to suppress. CASE: Belote v. State, No. 2633, Sept.Term 2009 [...]


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Maryland Family Law Monthly

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Maryland Moment – Marking Memorial Day

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A “Field of Flags” was installed by residents of the Charlestown retirement community in Catonsville in preparation for Memorial Day. Each of the 500 flags was sponsored by a local business for $35, with proceeds going to the Wounded Warrior Project and the Charlestown Benevolent Care Fund. Photo submitted by Mel Tansill.

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