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BY: Kristi Tousignant
POSTED: January 29, 2013 Tags: breaking news, Court of Appeals, Insurance, lawsuit, legal news, maryland, title, torts
Title companies have potential liability beyond the boundaries of their contracts with customers, the state’s highest court held Tuesday.
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BY: Gardner Duvall
POSTED: December 9, 2012 Tags: Baltimore, Court of Appeals, doctor, Law, legal news, litigation, torts
![]()  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.
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BY: Daily Record Staff
POSTED: February 5, 2012 Tags: 4th u.s. circuit court of appeals, administrative law, civil commitment, commercial law, constitutional law, Court of Appeals, criminal procedure, Defamation and false light, Equal Protection, law digest, maryland, Motion to correct illegal sentence, Protective sweep of residence, Secondary Mortgage Loan Law, torts
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 [...]
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BY: Daily Record Staff
POSTED: October 23, 2011 Tags: Advance Dental Care, Americans with Disabilities Act, Anderson v. Discovery Communications, civil procedure, Inc. v. Suntrust Bank, jurisdiction, Labor & Employment, LLC, LLC v. Mindlab Media, LWRC International, negligence, torts
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 [...]
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BY: Daily Record Staff
POSTED: October 16, 2011 Tags: CAM, circuit court, criminal law, maryland court of special appeals, negligence, supplemental jury instructions, torts, william campbell
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, [...]
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BY: Daily Record Staff
POSTED: August 14, 2011 Tags: administrative law, admission of alibi notice, Collateral estoppel, contract law, Court of Appeals, court of special appeals, custody, evidence, family law, Labor & Employment, law digest, Local Government Tort Claims Act, maryland, torts, U.S. District Court, Waiver of conditions precedent, Wrongful discharge
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. [...]
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BY: Daily Record Staff
POSTED: August 14, 2011 Tags: admission of alibi notice, contract law, Court of Appeals, evidence, labor and employment, Law, Local Government Tort Claims Act, maryland, opinions, torts, Waiver of conditions precedent, Wrongful discharge
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 [...]
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BY: Daily Record Staff
POSTED: August 7, 2011 Tags: 4th u.s. circuit court of appeals, Admissibility of statements, Baltimore, Bankruptcy Law, constitutional law, Court of Appeals, courts, criminal procedure, Disbarment, false arrest, fourth amendment, Labor & Employment Law, law digest, maryland, opinions, professional responsibility, repossession, sexual harassment, suspension, torts, U.S. District Court
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, [...]
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BY: Daily Record Staff
POSTED: August 7, 2011 Tags: Barnes v. Montgomery County, false arrest, Labor & Employment Law, Louis v. Sun Edison, maryland, opinions, police officer, sexual harassment, torts, U.S. District Court
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 [...]
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BY: Daily Record Staff
POSTED: June 12, 2011 Tags: Belote v. State, court of special appeals, criminal procedure, Local Government Tort Claims Act, opinions, probable cause, torts
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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