“On Wednesday, December 19, 2012, MSBA’s Senior Lawyers Section hosted a debate on Contributory Negligence vs. Comparative Negligence. Maryland is one of five remaining jurisdictions that employ a contributory negligence system, and the state’s continued use is a controversial issue before the state judiciary and the state legislature. Section Chair Rob Ross Hendrickson provided the debate audience with background information and the introduction of the debaters, Paul A. Tiburzi (arguing for Contributory) and Paul D. Bekman (for Comparative).”
Contributory Negligence Argument:
Comparative Negligence Argument:
Adoption is a special opportunity for many Marylanders. Adoption creates a parent-child relationship between otherwise unnrelated people. The parental rights and responsibilities of the natural parents are ended when a court orders an adoption.
Maryland has three different kinds of adoptions: public agency, private agency, and independent. An adoption starts with the filing of a petition for adoption in the Circuit Court. The natural parents are asked to consent to the adoption and are allowed to object to the adoption. Sometimes the natural parents are not to be found. (Usually) a lawyer files a petition with the court. The court then holds a hearing where the court will either grant or deny the petition.
Virtually any adult in Maryland can adopt a child or at least petition the court for an adoption. The petitioner can be single. If an adult petitions through a public agency, they will be required to complete a 27-hour home study course. If you are adopting a child through an agency make sure that agency is licensed by the Maryland Department of Human Resources’ Social Services Administration. The adopting parent should be aware that there is a period of time where the agency can “take back” the consent for adoption that was given. A long list of materials and information are required by the court for the court to grant an adoption. The spirit of this list or the purpose of it is to make sure that the court is not giving the (usually) child away without consent from the natural parents.
Generally, after notice is sent to natural parents, there is a hearing. If all the materials for the petition are tot he court’s satisfaction, then the court will grant the petition for adoption. Call 443-494-9775 for help with your adoption.
By Scott MacMullan
Renting commercial space is a big financial commitment. Before you begin negotiating a commercial lease, you should know the difference between the residential lease. It is also important to know and understand the basic terms of the lease, such as the amount of rent, the length of the lease and the layout of the physical space.
Important Difference between Commercial and Residential Leases
- Commercial leases are not subject to most consumer protection laws that govern residential leases — e.g., no caps exist on security deposits or rules protecting a tenant’s privacy.
- Many commercial leases are not based on a standard form or agreement; each commercial lease is customized to the landlord’s needs. As a result, it is important to review every commercial lease.
- You cannot easily break or change a commercial lease. There is normally a lot of money involved.
- Commercial leases are generally subject to much more negotiation between the business owners and the landlord. This is so because businesses often need special features in their spaces, and landlords are often willing to make unique offers in special circumstances.
Important Lease Terms
Take a careful look at the terms that include:
- the length of lease, when it begins and whether there are renewal options;
- rent, including allowable increases (also called escalations) and how they will be computedwhether the rent you pay includes insurance, property taxes, and maintenance costs (called a gross lease); or whether you will be charged for these items separately (called a net lease);
- the security deposit and conditions for its return exactly what space you are renting (including common areas such as hallways, rest rooms, and elevators) and how the landlord measures the space (some measurement practices include the thickness of the walls);
- whether there will be improvements, modifications (called build outs when new space is being finished to your specifications), or fixtures added to the space; who will pay for them, and who will own them after the lease ends (generally, the landlord does)
- specifications for signs, including where you may put them;
- who will maintain and repair the premises, including the heating and air conditioning systems;
- whether the lease may be assigned or subleased to another tenant;
- whether there’s an option to renew the lease or expand the space you are renting;
- if and how the lease may be terminated, including notice requirements, and whether there are penalties for early termination, and
- whether disputes must be mediated or arbitrated instead of going to court.
Americans with Disability Act
Make sure you negotiate who (The Landlord or Tenant) is going to pay for making the space compliant with this act. (This could be costly.)
Call 443-494-9775 with any questions on your commercial lease.
When trying to figure out whether to settle your case, consider these important factors:
- the severity and permanence of the injury
- the age of the victim (younger people will have more medical expenses in the future)
- the duration of needed treatment and the size of medical bills
- the value of lost wages, including the loss of future economic opportunities.
Call 443-494-9775 with questions regarding your personal injury case and to answer the question: “How much money can I get?”
You can set aside a contract if competent parties have not made it vountarily. It also may be set aside if there was grossly insufficient consideration. Also, certain contracts must be in writing, or they are unenforceable. Here is a list of other contract defenses:
- Duress
- Illegality (The contract in question is illegal. A drug deal is an example of an illegal contract.)
- Undue Influence
- Fraud
- Mistake
- Unconscionability (The contract is very one-sided and unfair.)
- Impossibility of performance
- Frustration of purpose (A change in the conditions of the contract makes performance meaningless.)
If any of the above defenses can be proven, then the contract could be deemed void or voidable. In either case, it will be as if the contract never existed. If either party paid money, it would most likely have to be returned.
If you have any question on how to get out of a contract please feel free to contact 443-494-9775 with any questions.
By Scott MacMullan
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- Names, addresses, and birth dates of all people. whether or not related to you, that you are considering naming in your will or naming as an executor of the will;
- If you have children, the names, addresses, and telephone numbers of the possible guardians;
- The amount and source of your main income and other income, including investments;
- The amount of your debts, including mortgages, installment loans, and business debts, if you have any;
- A list of valuable property you own (give approximate value), including real estate, jewelry, furniture, collections, heirlooms, and other assets;
- A list and description of any jointly owned property and names of co-owners;
- Any documents that might affect your estate plan, including prenuptial agreements, marriage certificates, divorce decrees, recent tax returns, existing wills and trust documents, property deeds, and so on; and
- The location of any safe-deposit boxes and an inventory of the contents of each.
Call 443-494-9775 with any questions regarding planning your estate in Maryland or the District of Columbia.
MARYLAND COURT OF APPEALS
Contract Law, Damages: Evidence of post-breach market conditions not contemplated by the parties in the contract is inadmissible to prove lost profits and, therefore, the trial court properly excluded such evidence proffered by defendants. CR-RSC Tower, LLC v. RSC Tower I, LLC, No. 115, September Term, 2011.
COURT OF SPECIAL APPEALS
Administrative Law, Liquor license: The circuit court erred in concluding that the county liquor licensing board had considered only one statutory factor in denying a license application — the potential effect of a new license on existing licensees — where the record as a whole showed the board considered all the required factors, and provided substantial evidence to support the denial. Dakrish, LLC T/A Vineyards Elite v. Raich, No. 1327, Sept. Term, 2012.
Criminal Procedure, Search and seizure: Circuit court erred in suppressing evidence obtained from police officers’ warranted search of defendant’s home where the warrant application sufficiently alleged the officers’ reasonable deduction that relevant evidence was likely to be hidden in defendant’s residence. State v. Johnson, No. 0782, Sept. Term, 2010. .
Family Law, Telephone testimony in guardianship proceeding: In a hearing for the termination of parental rights, the trial court did not abuse its discretion in allowing the telephone testimony of a witness because good cause was shown. In Re: Adriana T., No. 0433, Sept. Term, 2012.
Torts. Fraudulent inducement: The evidence established that defendants fraudulently induced plaintiffs to loan them money in reliance on the false representation that defendants would convey to plaintiffs ownership in its company. Dynacorp Ltd v. Aramtel Ltd., No. 1077, Sept. Term, 2011.
U.S. 4TH CIRCUIT COURT OF APPEALS
Criminal Procedure, Extradition: Where defendant was tried for exact offenses described in his extradition agreement, jury instruction on previously unmentioned aiding and abetting theory of liability did not constitute constructive amendment of indictment, and principle of specialty did not bar trial court from issuing aiding and abetting instruction. U.S. v. Day, No. 11-5218.
Criminal Procedure, Search & seizure: After police officer pulled defendant over for speeding and defendant and passenger gave officer conflicting explanations for their travels, there existed reasonable suspicion of criminal activity sufficient for officer briefly prolong stop in order to use drug-detection dog to sniff vehicle, and evidence subsequently discovered through the dog’s alert to trunk of vehicle was therefore admissible. U.S. v. Vaughan, No. 11-4863.
Labor & Employment, ERISA: District court erred in ordering health and pension funds to return contributions allegedly overpaid into funds by labor organization on behalf of employees pursuant to Employee Retirement Income Security Act, because plans’ administrator determined that contributions were not mistaken. U.S. Foodservice, Inc. v. Truck Drivers & Helpers Local Union No. 355 Health and Welfare Fund, No. 12-1108.