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Recent Articles from Commentary:
The doctrine of ‘apparent agency’
In July 2022, Maryland’s highest appellate court issued a decision in Williams v. Dimensions Health Corporation, dealing with a hospital’s liability for the negligence of an independent contractor treating emergencies at the hospital. Generally, a principal is liable for the negligence of its agents. More specifically, an employer is responsible for the negligence of its […]
Deep distrust of government is dangerous
The majority of Americans distrust the federal government. They don’t believe the government helps people or listens to them. It may be a surprise to learn that, with few exceptions, Americans have distrusted the government since the early 1970s. According to Pew surveys, trust in government was astronomically high, at 70 percent, during the Dwight Eisenhower and […]
The ins and outs of multiparty mediations
One of the most challenging aspects of mediating multiparty disputes is the allocation of liability and contribution by each defendant. Typically this is encountered in construction disputes, class actions, mass torts, and in some catastrophic injury and wrongful death cases. Unfortunately, defendants in multiparty cases often overlook whether or not their own contribution amount is […]
AI’s potential to trigger discrimination claims
The use of artificial intelligence in the workplace has prompted the Equal Employment Opportunity Commission to evaluate the potential use of AI by employers for hiring, promotion, and firing decisions. To that end, the EEOC recently released a technical assistance document titled “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection [&hellip[...]
Don’t hate credit card late fees
The Consumer Financial Protection Bureau, the federal agency responsible for protecting consumers in the financial industry, recently proposed a rule to cap credit card late fees to $8 or 25 percent of the minimum missed credit card payment — whichever is lower. Today, credit card issuers (primarily banks) charge cardholders up to $30 for an initial late payment, […]
Amazon lawsuit a waste of resources
The Federal Trade Commission is suing Amazon for allegedly tricking customers into signing up for the company’s Prime membership and making it difficult to cancel that subscription service, providing expedited free shipping and access to its streaming entertainment service. You’re right if this strikes you as an odd fight for the FTC to pick. Prime […]
Safer ways to raid your retirement, if you have to
You’re still better off leaving retirement funds alone for retirement. If you can’t, though, you could at least limit the damage from taking the money out early.
A commitment to equal justice
The U.S. Supreme Court concluded its most recent term with a bang. The Court’s opinions in Moore v. Harper, 303 Creative, LLC v. Elenis, and Students for Fair Admission, Inc. v. President and Fellows of Harvard College created fireworks. The court spoke loudly on what constitutes illegal discrimination. None of these cases were ethics cases. […]
Bringing banking to all Marylanders
America’s long-standing issue of equitable access to banking has been exacerbated by recent headlines in the industry and beyond. Facing significant downside risks from inflation, rising market interest rates, and geopolitical uncertainty, many banks have tightened their lending criteria, making it difficult for those with lower credit scores or lower incomes to qualify for loans […]
Proven productivity tips for law firms of all sizes
In today’s ever-evolving world, technology has become a key differentiator for lawyers, driving productivity and profitability in a highly competitive market. According to a recent report, the correlation between technology adoption by law firms and increased efficiency is undeniable. There are proven productivity strategies that can streamline legal services and deliver measurable improvements [...]
Trump’s fate in hands of citizen peers
It is not the federal government that will hold Donald Trump’s future in its hands. It will be 12 jury members in his eventual trial. Trump’s defenders have alleged that the indictment is a politically motivated “witch hunt” by the Biden administration and that any conviction would thus be discredited. But like all federal defendants, […]
The beginning of future pandemic planning
A major COVID-19 milestone was achieved last month that indicates the downward infection and hospitalization rates caused by it have now receded to justify dropping its designation as an active pandemic. The United States ended its federal Public Health Emergency on May 11 and used that announcement to herald the incredible national effort regarding testing, […]
