Category Archives: General
The Role of a Judge
On 2/4/2022, the case of Cador v. YES Organic Market Hyattsville Inc. was filed in the Maryland Court of Special Appeals. This is the link https://mdcourts.gov/data/opinions/cosa/2022/0898s20.pdf The author of the opinion is retired Judge Charles E. Moylan who is still going strong at age 91. He’s been retired for 21 years. I first crossed… Read More »
First Responders – It’s Not Just Police, Fire and Medical But Others Too
On 12/6/2021, the Maryland Court of Special Appeals filed an unreported decision on an issue not important to this post. Reading through the facts, I was struck by the gruesome detail of what a first responder went through in his 10 years on the job. It’s not just police, fire and medical personnel but… Read More »
Maryland Law Says Your Cherished Pet is Worth $10,000 – That’s It!
Maryland Law Says Your Cherished Pet is Worth $10,000 – That’s It! Maryland law includes this provision wich does not apply to livestock. “A person who tortiously causes an injury to or death of a pet while acting individually or through an animal under the person’s ownership, direction, or control is liable to the… Read More »
The Holy Spirit in the Jury Room
USA v. Corrine Brown Corrine Brown, a Florida Democrat who served more than two years in prison after being found guilty of running a sham charity, was granted a new trial by a federal appeals court. https://media.ca11.uscourts.gov/opinions/pub/files/201715470.enb.pdf?fbclid=IwAR1PktVCOx-99dU5mOJWVZmEdf73zk6UnbumflAu8uknUBN_fwmTEQpMia0 On May 6, 2021, an en banc panel of 11 judges of the 11th Circuit 7 to… Read More »
The Art of the Trial Lawyer and The Lure for the Untrained
I was an electronic engineer working for Westinghouse and an expert on the weapons control system known as AWG-10 that was in the nose of the F4-J Phantom aircraft. That before I decided to go to law school. In my engineering world, virtually everything was yes or no, 0 or 1, on or off…. Read More »
Safekeeping of Wills – No Review by Register of Wills
Whenever I prepare a Will for a client, I go over with them the options for where the original Will should be kept. Most of the time I recommend that it be delivered to the Register of Wills for safekeeping in their fire protected vault. Recently, I spoke with a client who had prepared… Read More »
Disclaimers – Be Very Careful
Disclaimers are a source of many mistakes in the estate and trust field. Most people think that if you want to decline taking a bequest from the Will of a deceased person, all you need do is to sign a disclaimer. However, in a number of situations that would not only not meet your… Read More »
Maryland Adopts Daubert – It’s Taken Many Years
The Maryland Court of Appeals (Maryland’s highest court) on August 28, 2020, delivered a major decision that was many years in the making. The opening pages of the opinion are clear and succinct and are below: Nearly a century ago, the United States Court of Appeals for the District of Columbia announced a new… Read More »
Breach of Fiduciary Duty – The Court of Appeals Finally Answers a Question After 23 Years
BREACH OF FIDUCIARY DUTY This has been a troublesome concept in Maryland law until today when the Court of Appeals filed its opinion in Plank v. Cherneski https://mdcourts.gov/data/opinions/coa/2020/3a19m.pdf The Court’s explanation of the trouble over the years is set out in the first paragraph of the opinion: Does Maryland recognize an independent cause of… Read More »
PROBATE – How to Avoid Serious Trouble
Probate is a process supervised by the County Register of Wills and Orphans’ Court. If you take on the role of Personal Representative (just another term for Executor or Administrator) you need to be careful about your obligations and duties. Here are important things to consider and know: 1. Think seriously about hiring an… Read More »