Measure would expand right to attorneys’ fees
Plaintiffs who successfully sue under the Maryland Constitution or state law to force a defendant to change its ways would be entitled to attorneys’ fees under legislation backed by the state judiciary.
Pro bono solo gives away his fee award
For solo attorney Daniel V. Schmitt, pro bono work goes full circle.
Honda appeal seeks to overturn woman’s award
TORRANCE, Calif. — Lawyers for the American Honda Motor company are heading back to court trying to overturn a highly publicized small claims court award to a woman who sued over the poor fuel mileage of her hybrid Honda Civic. Honda appealed the $9,867 award to Heather Peters after 1,700 hybrid owners followed her example […]
Opinions 3/12/12: Maryland Court of Appeals
Family Law Attorneys’ fees BOTTOM LINE: The gratuitous cost of pro bono legal services, provided to a party in a custody modification proceeding, may not be considered in awarding attorneys’ fees to the other party unless the circuit court first determines that both sides had substantial justification for bringing or defending the action. CASE: Davis […]
Top 5: ‘There are no easy fixes’
News out of the state appellate courts dominates the most-read legal affairs stories of the week. The Court of Appeals disabarred one lawyer, threw out attorneys’ fees for another and heard an appeal by the former state public defender. The Court of Special Appeals also was asked to vacate its decision overturning much of Jacksonville […]
Woman takes unique road to sue Honda over mileage
TORRANCE, Calif. — A woman who expected her 2006 Honda Civic Hybrid to be her dream car wants Honda to pay for not delivering the high mileage it promised. But rather than joining other owners in a class-action lawsuit, she is going solo in small claims court, an unusual move that could offer a bigger […]
D.C. ordered to pay $1M in historic gun case
WASHINGTON — The District of Columbia has been ordered to pay more than $1 million in attorneys’ fees as a result of a historic gun case that was ultimately decided by the U.S. Supreme Court. Dick Heller sued the city in 2003 over its ban on handgun ownership and the U.S. Supreme Court overturned the […]
Judge OKs $410M settlement for Bank of America
MIAMI — A federal judge on Monday gave final approval to a $410 million settlement in a class-action lawsuit affecting more than 13 million Bank of America customers who had debit card overdrafts during the past decade. Senior U.S. District Judge James Lawrence King said the agreement was fair and reasonable, even though it drew […]
Top 5: ‘I think it’s outrageous’
Decisions from the Court of Appeals dominate the most-read law stories of the week. The state’s highest court overturned two shooting convictions while upholding a death sentence. It also held the state’s constitution prohibits active judges from being age 70 or older. Here are the Top 5 stories of the week. 1. Court of Appeals […]
Opinions – 9/19/11: U.S. District Court, Maryland
Civil Procedure Attorneys’ fees BOTTOM LINE: Plaintiffs who successfully obtained a declaratory judgment vindicating their rights under the Americans with Disabilities Act were entitled to attorneys’ fees related to their successful claims for declaratory relief, pursuant to the statute’s fee-shifting provision. CASE: Feldman v. Pro Football, Inc., Civil Action No. 8:06-cv-2266, (filed Aug. [...]
Letters to the Editor – 7/25/11
The Daily Record’s July 19, 2011 article regarding a settlement awarding attorney’s fees in a case involving a tavern owner’s failure to properly pay low-wage restaurant employees was misleading and largely one-sided. More disturbing, an earlier, April 24 article contained similar misconceptions. Combined, these articles miss the point of both the Fair Labor Standards Act […]
Opinions – 4th U.S. Circuit Court of Appeals: 7/5/11
Bankruptcy Law Judicial lien BOTTOM LINE: Under Bankruptcy Code, debtor filing for Chapter 7 bankruptcy need not claim an exemption as a precondition of avoiding a judicial lien on the basis that a lien impairs exemption. CASE: Botkin v. Dupont Community Credit Union, No. 10-1681 (decided June 13, 2011) (Judges TRAXLER, Gregory & Davis). RecordFax […]